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HomeMy WebLinkAboutBack-Up DocumentsCity of Miami, FL RFQ 1790386 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2025 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and Ballard Partners, Inc., a Florida profit corporation, whose principal address is 201 East Park Avenue, Tallahassee, FL 32301, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on May 1, 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all 1 Federal Lobbying Services City of Miami, FL RFQ 1790386 associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, June 5, 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in 2 Federal Lobbying Services City of Miami, FL RFQ 1790386 descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated June 5, 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not 3 Federal Lobbying Services City of Miami, FL RFQ 1790386 limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 Federal Lobbying Services City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 Federal Lobbying Services City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION! A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 Federal Lobbying Services City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 Federal Lobbying Services City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecordsRmiamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2"d Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 Federal Lobbying Services City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 Federal Lobbying Services City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 Federal Lobbying Services City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty. at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 Federal Lobbying Services City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 Federal Lobbying Services City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 Federal Lobbying Services City of Miami, FL RFQ 1790386 TO CONSULTANT: Brian Ballard Ballard Partners, Inc. 201 East Park Avenue Tallahassee, FL 32301 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami. FL 33130-1910 George K. Wysong, III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be 15 Federal Lobbying Services City of Miami, FL RFQ 1790386 determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services 16 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of 17 Federal Lobbying Services City of Miami, FL RFQ 1790386 days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work. to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 18 Federal Lobbying Services City of Miami, FL RFQ 1790386 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, 19 Federal Lobbying Services City of Miami, FL RFQ 1790386 agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, 20 Federal Lobbying Services City of Miami, FL RFQ 1790386 such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. ANTITRUST VIOLATOR VENDORS: Pursuant Section 287.137, Honda Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 33. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, 21 Federal Lobbying Services City of Miami, FL RFQ 1790386 and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Advisor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787 06(13), Florida Statutes, attached an incorporated herein as Exhibit "E". If the Advisor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Advisor for any additional compensation or for any consequential or incidental damages. 22 Federal Lobbying Services City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: ow ARTiy�% = co 1998 L P ��OR1O I• * ►' ``% Name: Shanna Kaye Crawley Title: Executive Secretary ATTEST: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: George K. Wysong, III City Attorney 23 Federal Lobbying Services "Consultant" Ballard Partners, Inc., a Florida profit corporation w By: Print NJ"e: Brian Title: resident "CITY" CITY OF MIAMI, a Florida municipal corporation By: Arthur Noriega V City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Ann -Marie Sharpe, Director Department of Risk Management City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 24 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. EXHIBIT C 25 Federal Lobbying Services City of Miami, FL RFQ 1790386 INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability 26 Federal Lobbying Services City of Miami, FL RFQ 1790386 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 Federal Lobbying Services City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 Federal Lobbying Services City of Miami, FL RFQ 1790386 CORPORATE RESOLUTION WHEREAS, Ballard Partners, Inc. a Florida corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this Ballard Partners. Inc. 11th day of December , 2024 ("Consultant") A Florida Corporation By: Print Na Title: 7 Brian ID' Ballard President Print Name: Shanna Kaye Crawley (sign) 30 Federal Lobbying Services (sign) EXHIBIT E ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Ballard Partners, Inc. Name: Brian D. Bailer Signature of Officer: Officer Title: President Office Address: 201 E4 Park ienue, 5th FL, Tallahassee, FL 32301 Email Address: ballard@ballardpartners.com FEIN No.5/9- 3' 4 9' 9/ 5/0/4 STATE OF FLORIDA ) COUNTY OF matetot LEON) plain Phone Number: 850.577.0444 The foregoing instrument was sworn to and subscribed before me by means of {a physical presence or O online notarization, this 11 th day oPecember 2024,y Brian D. Ballard , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY UalaiVAI4 CYNTHIA H. DAVIS MY COMMISSION # HH 148455 "a- ��� Ate: EXPIRES: July 9, 2025 '•'.;eo?s Bonded Thru Notary Public Underwriters My Commission Expires: e of Person Taking Oath 441 A- i-1. DAVIS d, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v Edo] The 2024 Florida Statutes Tile Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to tabor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright O 1995-2024 The Florida Legislature • Privacy Statement • Contact Us City of Miami, FL RFQ 1790386 PROFESSIONAL. SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2025 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and Becker & Poliakoff, P.A., a Florida profit corporation, whose principal address is 1 East Broward Boulevard, #1800, Fort Lauderdale, FL 33301, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on May 1, 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all 1 Federal Lobbying Services City of Miami, FL RFQ 1790386 associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, June 5, 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in 2 Federal Lobbying Services City of Miami, FL RFQ 1790386 descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated June 5, 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not 3 Federal Lobbying Services City of Miami, FL RFQ 1790386 limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 Federal Lobbying Services City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 Federal Lobbying Services City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 Federal Lobbying Services City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be Federal Lobbying Services City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecords(a�miamigov.corii, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 Federal Lobbying Services City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 Federal Lobbying Services City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement).. Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 Federal Lobbying Services City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 Federal Lobbying Services City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 Federal Lobbying Services City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 Federal Lobbying Services City of Miami, FL RFQ 1790386 TO CONSULTANT: Omar Franco Becker & Poliakoff, P.A. 1 East Broward Boulevard #1800 Fort Lauderdale, FL 33301 TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 George K. Wysong, III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be 15 Federal Lobbying Services City of Miami, FL RFQ 1790386 determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services 16 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of 17 Federal Lobbying Services City of Miami, FL RFQ 1790386 days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 18 Federal Lobbying Services City of Miami, FL RFQ 1790386 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, 19 Federal Lobbying Services City of Miami, FL RFQ 1790386 agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, 20 Federal Lobbying Services City of Miami, FL RFQ 1790386 such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. ANTITRUST VIOLATOR VENDORS: Pursuant Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 33. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, 21 Federal Lobbying Services City of Miami, FL RFQ 1790386 and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Consultant shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "E". If the Consultant fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Consultant for any additional compensation or for any consequential or incidental damages. 22 Federal Lobbying Services City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: By: Name: OJ I I C e J Ct (II 0 Title: E x u e ' ,- Anc• Aitm �5i-/c�-��✓ COLLEEN LAPLANT MYcOMMls$ION # HH 093832 14i LYPII,%3. Juno 18, 2026 Ir9 t.r'' Bonded : ntery Public Underwriters ATTEST: "Consultant" Becker & Poliakoff, P.A., a Florida profit corporation By: Print Name: Omar Franco Title: Senior Director "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: George K. Wysong, III Ann -Marie Sharpe, Director City Attorney Department of Risk Management 23 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 24 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 25 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 26 Federal Lobbying Services City of Miami, FL RFQ 1790386 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 Federal Lobbying Services City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 Federal Lobbying Services City of Miami, FL RFQ 1790386 CORPORATE RESOLUTION WHEREAS, Becker & Poliakoff. P.A., a Florida, a profit corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2024 Becker & Poliakoff, P.A. ("Consultant") A Florida Corporation By: (sign) Print Name: Omar F . n ' o Title: Senior •'rector Print Name: Gary Rosen, Managing Shareholder 30 Federal Lobbying Services (sign) EXHIBIT E ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Becker & Poliakoff, P.A. Name: Omar Franco Officer Title: Senior Director Signature of Officer: = �.��f Office Address: 1 E. Broward Blvd., 18th Floor, Fort Lauderdale, FL 33301 Email Address: ofranco@beckerlawyers.com Main Phone Number: (202) 731-3401 FEIN No.5/9 -1 /6 /4/ 0/7/0/8 STATE OF FLORIDA ) COUNTY OF M1•AIM1'DADE The foregoing instrument was sworn to and subscribed before me by means of 21physical presence or O online notarization, this 1'v day of pe_c .4o2tby ()r,,,,, ,a2, as the authorized officer or representati ve for the nongovernmental entity., He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signatur tof Person Taking Oath (erPI (Printed, Typed, or Stamped Name of Notary Public) Ss ''., COLLEEN LAPLANT MY'FOMMISSION # Hi 093832 EXPIRES: June 16, 2025 ' °,- Bonded 7Mu Notary Public Undetwdtens EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v Go 1 The 2024 Florida Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED R CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright ©1995-2024 The Florida Legislature • Privacy Statement • Contact Us City of Miami, FL RFQ 1790386 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida Arid CONSULTANT This Professional Services Agreement (`'Agreement") is entered into this 1 I, day of itearojtja5,3, 2025 by and between the City of Miami City'), a municipal corporation of the State of Florida, whose address is 444 S.W. 2" Avenue, Miami, Florida 33130 ("City")_ .and Brumidi Group LLC, a foreign limited liability company authorized to conduct business in Florida, whose principal address is 221 10th Street SE, Washington, DC 20003, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on May 1, 2024 (the '`RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A): for the provision of Federal Lobbying Services', (`Services" as more fully set forth in the scope of work ;Scope', attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal-, attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City°s Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall 1 Federal Lobbying Services City of Miami, FL RFQ 1790386 conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386). and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage: and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein_ NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained Consultant and the City agree as follows; TERMS: 1. RECITALS AND INCORPORATIONS: DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A" The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit '1B" The Consultant's Response dated, June 5. 2024, in response to RFQ 1790385, is hereby incorporated into and made a part of this Agreement as attached Exhibit ``C'_ The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit ''D . The order of precedence 2 Federal Lobbying Services City of Miami, FL F FQ 1790386 whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority (1) Professional Services Agreement ("PSA') (2) Addenda/Addendum to the I FQ; (3) RFC.; and (4) Consultant's response dated June 5, 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to The Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page. and shall be for a duration of seven (7) years. Initial terra of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, small have the option to extend or terminate the Agreement for convenience, that is, for any or no cause_ 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof, 4. SCOPE OF SERVICES: A, Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates. federal Lobbying Services City of Miami. FL RFQ 1790386 authorizations. and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claimsetc.. nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A''; and (v) each person executing this Agreement an behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all tames provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. b. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement includes all costs associated with such Work and Services, and shall be as stated in each individual VVork Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Q Federal Lobbying Services City of Miami, FL RFQ 1790386 Consultant's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which small be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed_ Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", 18.70.-218.7, Florida Statutes, and other applicable laws_ No advance payments small be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City: and (ii) any and ail liabilities regarding payment to or use of subcontractors for any of Me Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCLIN1ENT : Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at ail times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion_ Consultant is permitted to snake and to maintain duplicate copies of the files, records, documents, etc_ if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement: however. in no 5 Federal Lobbying Services City of Miami, FL RFQ 1790386 way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section b. 7, AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representativesto any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, o_r refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City_ B. The City may, at reasonable times during the term hereof: inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives_ All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Florida as same may be amended or supplemented, from 6 Federal Lobbying Services City of Miami, FL I FQ 1790386 time to time, which are deemed as being incorporated by reference herein, 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to ail documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws_ Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law: (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all 7 Federal Lobbying Services City of Miami, FL RFQ 1790386 electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems, Notwithstanding the foregoing, Consultant shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement_ C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (0) 416-1830, Via email at PublicRecords(rniamigov.com, or regular emait at City of Miami Office of the City Attorney, 444 SW 2rhi Avenue, 9th FLMiami, FL 33130, 10, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping: etc., City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules: regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to com ply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as 8 Federal Lobbying Services City of Miami, FL RFQ 1790386 they may be amended from time to time. 11. INDEMNIFICATION: Consultant shall indemnify, holdlsave harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "lndernnitees") and each of them from and against all loss, costs: penalties: fines, damages, claims, expenses (including attorney's fees) ar liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance ar non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as `Consultant') which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indernnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state: in connection. with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify: defend and hold harmless the lndernnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above: for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws_ Consultant further agrees to indemnify, defend and hold harmless the Indlernnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, a Federal Lobbying Services City of Miami, FL RFC] 1790386 condition, or requirement, related directRy to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all claims, andlor suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant ar utilized in the performance of this Agreement ar otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement)- - Consultant's obligations to indemnify defend and hold charmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement. as applicable. 12, DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination, Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing. Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages- 10 Federal Lobbying Services City of Miami, FL RFQ 1790386 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for hislher resolution, prior to Consultant being entitled to seek judicial relief in connection therewith_ In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth inSection 4 (A) of this Agreement_ 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination_ In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than Federal Lobbying Services City of Miami, FL. RFQ 1790386 that provided herein, and in no event shall the City be liable for any consequential or incidental damages, The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination_ B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty: upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of defau[t. _ In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination, In no event shall theCity be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A, Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance: coverages) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D'' and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance, The Consultant shall add theCity of Miami as an additional insured to its commercial general liability: and auto liability policies, and as a named certificate holder on all policies, Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator, All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City 12 federal Lobbying Services City of Miami, FL RFC) 1790386 Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of insurance will be provided. Completed Certificates of insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of insurance with the City_ B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultants employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreernerrt and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the ity's Risk Management Administrator as soon as coverages are bound with the insurers_ In the event that expired certificates are not replaced, with new or renewed certificates which cover the terra of this Agreement and any extension thereof: {i} the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by The City's Risk Management Administrator; or (ii) the City may. at 13 Federal Lobbying Services City of Miami, FL RFQ 1790386 its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services; ar be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed ar Wedged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party Federal Lobbying Services City of Miami, FL RFQ 1790386 may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt. whichever is earlier. TO CONSULTANT: Charles Cooper Brurnidi Group LLC 221 10th Street, SE Washington, DC 20003 TO THE CITY: Arthur Noriega V City Manager 444 SW 2Fd Avenue, 101h Floor Miami, FL 33130-1910 Annie Perez, CPP' Procurement Director 444 SW 2nd Avenue. 8th Floor Miami, FL 3130-1 10 George K. Wysong. ll! City Attorney 444 SW 2nd Avenue, Jth Floor Miami, FL 33130-1910 1, MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida_ Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorneys fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. E. No waiver or breach of any provision of this Agreement shall constitute a waiver of any 15 Federal Lobbying Services City of Miami, FL RFQ 1790386 subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event: the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to Iicensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City_ 20. SUCCESSORS AND ASSIGNS; This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: 16 Federal Lobbying Services City of Miami, FL RFQ 1790386 Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, rior its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the CivilService or Pension Ordinances of the City: nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractors) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to he City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor_ 22, CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lacy of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice, 23, FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic., riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. 17 Federal Lobbying Services City of Miami, FL RFQ 1790386 In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required compietion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firrn, or entity for or on account of, any stoppages or delay(s) in work herein provided for: or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or en account of any delay(s) for any cause over which the City has no control_ 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential inforrnation 18 Federal Lobbying Services City of Miami, FL RFC 1790386 provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 2. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended {"City Code" regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the CityCode. 27. NO THIRD -PARTY BENEFICIARY:. No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: Al! obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier terrninatiort 29_ TRUTH-IN-NECOTIAT[QN CERTIFICATION. REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's 19 Federal Lobbying Services City of Miami, FL RFQ 1790386 execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under -this Agreement are and will continue to be accurate, complete: and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate: incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30, COUNTERPARTS: ELECTRONIC ONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument:. each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the sarn.e force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing art electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 'Ir E VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the 20 Federal Lobbying Services City of Miami, FL RFQ 1790386 extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultants) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furtherniore, the Consultant(s) agrees to uti[ize the U.S. Agency of Homeland Security's E-Verify System, https_!le verify_uscis.gov.!emp, to verify The employment eligibility of ail employees during the term of this Contract Consultant(s) shall also include a requirement in subcontracts that the subcontractor shallalso utilize the E-Verify System to verify the employment eligibility of al[ employees of the subcontractor during the term of this Contract. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. A►NT[TRUST VIOLATOR VENDORS: Pursuant Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposals or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid. proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee; supplier, subcontractor, or consultant under an agreement with a public entity; 21 Federal Lobbying Services City of Miami, FL RFQ 1790386 and may not transact new business with a public entity. 33. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use -'coercion" for labor or services as defined in Section 787.0, Florida Statutes_ The Consultant shall execute and submit to the City an Affidavit. of even date herewith, in compliance with Section 787.0 (13), Florida Statutes, attached an incorporated herein as Exhibit `E". If the Consultant fails to comply with the terms of this Section: the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Consultant for any additional compensation or for any consequential or incidental damages. 22 Federal Lobbying Services City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written_ District of Columbia "Consultant" Signed and sworn t or affirmed) re me on cJ b char} `b rr}> Eurr�idi C, i?lJ LAG Cate Nsmefslof Inelnaf als{s; nrali g stetema I a Firoride limited liabilhiy company officer ATTEST: ante of Office My Commission Expirs: By: Name: 70c., ° -_ Title, 130 L b (t ♦ ■ it ■ A P ■ * •z- 4 � s f tefili t at. * • • : 4 Seel By: Print Name: d o Title: rineNziwN,t� "CITY" CITY OF MIAMI; a Florida municipal corporation By: By: Todd B. Hannon City Clerk Arthur Noriega V City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE REQUIREMENTS: CORRECTNESS: By: Sy: George K, Wysrrng, Ill Ann -Marie Sharpe, Director City Attorney Department of Risk Management 23 Federal Lobbying Services City of Miami, FL HFQ 1790386 EXHIBIT A RFQ No. 1790386 24 Federal Lobbying Services City of Miami, FL IPFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assi nments ursuant to Section 3.0,Specifications/Scone of Work, of the Solicitation_ 25 Federal Lobbying Services City of Miami, FL RFC) 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, clo Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Rach Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement 11. Business Automobile Liability S1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit OwnediScheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured 111, Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 26 Federal Lobbying Services City of Miami, FL RFQ 1790386 Employer' s Liability A. Limits of Liability 100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim S1,000,000 General Aggregate Limit S1,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable for a minimum of l year after termination of the contract period subject to continued availability of commercially reasonable tents and conditions of such coverage_ The above policies shall provide the City of Miami with written notice of cancellation or .material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida,with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no Tess than "Class V" as to Financial Strength, by the latest edition of Best's insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 Federal Lobbying Services City of Miami, FL RFC 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement, —if insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications_ (2) The City [nay, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RE. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 Federal Lobbying Services Qity of Miami, FL RFQ 1790386 EXHIBIT O CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFt ATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 Federal Lobbying Services City of Miami, FL RFQ 1790386 COMPANY RESOLUTION. WHEREAS, � `��1 'i rT L (Company Nacre), a \G^k k_c( (State and type of incorporation; e.g., New York orporationiLL ), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Supplement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of he company; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Supplement with the City, and t L.' k (�i }ardin3t Name), the "�` st Title), and (tea Name), the (2" Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WTNESS WHEREOF, this 1 day of '"{—k /AV 11--C A n >f- +V By. �..� Name & Title: C a } ku ?-414fir;;;- (Tull Name of Company") (State and type of incorporation) (Signature of 1 t Name above) By: _ (Signature of "d Name above) Name & Title: (print) 34 Federal Lobbying Services EXHIBIT E ANTI -HUMAN TRAFFICKING AFFI IAViT 1_ The undersigned affirms. certifies, attests, and stipulates as follows' a The entity is a non- rernme entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to. arty amendments, as applicable) with the City of Miaarni ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.0,6, Florida Statutes (2024), titled "Human Trafficking.' d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787,06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjurr°,1 declare the following: a° 1 have read and understand the foregoing Anti Human Trafficking Affidavit and that the facts. statements and representations provided in Section 1 are true and correct. b_ .1 am an officer or a representatii, a of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit, Nongovermental Entity. --\--/\) k ° k COL1 Name: DV t _S • I ' , Officer Title; ( g/r". 1..11.11111* Office Address: - k ✓ 4, 56 ` + -4.1 "t Email Address: eci.w , , k)IL,'�ro Main Phone Number (i c Cn__T=r ca.:36 FEIN No. f- J i f/{ 1 7\ NC' C6 rri Signature of Oaken The foregoin instrument was sw2-0 um to and subscribed before me h means of physical presence or ❑ online notarization, this day of by ru,astheaudloriz officer or representative for the nongovernmental ttity°° H,efshe is personally known to the or has produced be- T4 as identification. 0,0Y11111 lr 1.i 4. . _ • Si oat ofl'ers0 aki Oath • ti 'S} (Printed, Typed, or Stamped Name of Notary Pubic ) E l llilT AFFIDAWT-i SECTION 787.O6, FLORIDA STATUTES (2024 Select Year: 2024 v The 2424 Florida Statutes Title Chapter 7B7 View Entire LV1 KIDNAPPING; CUSTODY OFFENSES; l-tUNIAN TRAFFICKING; AND RELATE[ Chapter CRIMES OFFENSES 787.06 Human trafficking.— ti )(a) The Legislature finds that human trafficking is a form of modern-day slavery, Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainmernt industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 7. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using tending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4, Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5, Causing or threatening to cause financial harm to any person_. G. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule ll of s. B93003 to any person for the purpose of exploitation of that person. lb) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. lc) "Financial harm" includes extortionate extension of credit, Loan sharking as defined in s. 647,071, or employment contracts that violate the statute of frauds as provided in s, 715.i 1. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor ar services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, ar take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is Live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j). "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For Labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775,084 s. 775.083, or s. 77.5, .084. 2. Using coercion for Labor or services of an adult commits a felony of the first degree, punishable as provided in 5. 775.08Z, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775,082, s. 775.083, or s. 775.084. fc)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08a, s. 775,083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.084. (d) Using coercion for commmercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775,082, s. 775.083, car s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.389, s. ; 75.083, or s. 775.084. 2. Using coercion for tabor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.08Z, s. 775.083, or s. 775.O84. (f)1, For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding Life, or as provided in s. 775,08Z, s. 775,083, or s. 775,084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082,, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 74.011(1), is involved commits a life felony, punishable as provided in s. 775_082(3)(a)6., s. 775.083, ors. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, Legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor wilt be subject to human trafficking commits a Life felony, punishable as provided in s. 775.08Z, s. 775.083. or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775,08Z, 5. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, Laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establishstandards for basic and advanced training programs for Law enforcement officers in the subjects of innvestigating and preventing human trafficking crimmes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any Liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendantconvicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. if there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall he reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)i a) Information about the Location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119,011. is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the Location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119 011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility, (c) The exemptions from s. 119.07(1) and s, 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities Licensed by the Agency for Health Care Administration. City of Miami, FL RFQ 1790386 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this _29_ day ne r .xt n rP of _January_ 2i02 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and Continental Strategy, LLC, a Florida limited liability company, whose principal address is 255 Alhambra Circle, Suite 640, Coral Gables, FL 33134, hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on May 1, 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all 1 Federal Lobbying Services City of Miami, FL RFQ 1790386 associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, June 5, 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in 2 Federal Lobbying Services City of Miami, FL RFQ 1790386 descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated June 5, 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, and expertise required for the performance of the Services, including but not 3 Federal Lobbying Services City of Miami, FL RFQ 1790386 limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 Federal Lobbying Services City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 Federal Lobbying Services City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 Federal Lobbying Services City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 Federal Lobbying Services City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecordsgmiamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 Federal Lobbying Services City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 Federal Lobbying Services City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 Federal Lobbying Services City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 Federal Lobbying Services City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 Federal Lobbying Services City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 Federal Lobbying Services City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 14 Federal Lobbying Services City of Miami, FL RFQ 1790386 TO CONSULTANT: Carlos Trujillo Continental Strategy, LLC 255 Alhambra Circle, Ste. 640 Coral Gables, FL TO THE CITY: Arthur Noriega V City Manager 444 SW 2' Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2' Avenue, 6th Floor Miami, FL 33130-1910 John A. Greco Interim City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 George K. Wysong, III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective 15 Federal Lobbying Services City of Miami, FL RFQ 1790386 unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an 16 Federal Lobbying Services City of Miami, FL RFQ 1790386 independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or 17 Federal Lobbying Services City of Miami, FL RFQ 1790386 required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written 18 Federal Lobbying Services City of Miami, FL RFQ 1790386 consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, 19 Federal Lobbying Services City of Miami, FL RFQ 1790386 the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider 20 Federal Lobbying Services City of Miami, FL RFQ 1790386 the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. ANTITRUST VIOLATOR VENDORS: Pursuant Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 21 Federal Lobbying Services City of Miami, FL RFQ 1790386 33. ANTI -HUMAN TRAFFICKING: Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Consultant shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "E". If the Consultant fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Consultant for any additional compensation or for any consequential or incidental damages. 22 Federal Lobbying Services City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST: By: Name' l'IS Inai COI n�'�r I`' Title: C \ ¶1111 Vi ci't I (; I CQ✓ IR.!:'-'• . CRISTINAVEGACANTENS +: MY COMMISSION HH 443974 "';f F EXPIRES: September t3, 2027 .,••••_.,.61.7•:..,.w..4 411. ATTEST: "Consultant" Continental Strategy, LLC., a Florida limited liability company By: CL4' Print Name: Carlos Trujillo Title: President and Founder "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: George K Wysong, III Ann -Marie Sharpe, Director City Attorney Department of Risk Management 23 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 24 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 25 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Depailiuent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 26 Federal Lobbying Services City of Miami, FL RFQ 1790386 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 27 Federal Lobbying Services City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 28 Federal Lobbying Services City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 29 Federal Lobbying Services City of Miami, FL RFQ 1790386 CORPORATE RESOLUTION WHEREAS, Continental Strategy, LLC., a LLC corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this 29th day of January , 2025 Continental Strategy, LLC ("Consultant") A Florida Corporation By: Print Name: Carlos Trujillo Title: President and Founder Type text here (sign) 30 Federal Lobbying Services EXHIBIT E ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non-govemmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Continental Strategy, LLC Name: Carlos Trujillo Signature of Officer: Officer Title: President and Founder Office Address: 255 Alhambra Circle, Suite 640, Coral Gables, FI 33134 Email Address: ctrujillo@continentalstrategy.com FEIN No. 8/6 -1 /2 /7 /8 /5 /5 / 1 STATE OF FLORIDA COUNTY OF MIAMI-DADE Main Phone Number: 305-677-9377 The foregoing instrument was sworn to and subscribed before me by means of O physical presence or ® online notarization, this 29 day of January, 2025 by Carlos Trujillo , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: Signature ofPerson Taklg Oath (Printed, Typed, or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager ,..--DocuSlgnetlby:� FROM: Annie Perez, CPPO Director/Chief Procurement Officer DATE: November 6, 2024 FILE: SUBJECT: Award Recommendation for Multiple Contracts to Establish the Federal Lobbying Services Pre -Qualification Pool REFERENCES: Request for Qualifications ("RFQ") 1790386 ENCLOSURES: Qualification Review/Score Sheets Recommendation: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends approval for the award of Professional Services Agreements ("PSA") to Ballard Partners, Inc., Becker & Poliakoff, P.A., Brumidi Group LLC, and Continental Strategy, LLC, collectively, the ("Consultants"), for inclusion in a pre -qualified pool for the provision of Federal Lobbying Services ("Pool"), pursuant to RFQ No. 1790386. Background: On May 1, 2024, Procurement, on behalf of the the Office of the City Manager ("OCM"), issued RFQ No. 1790386, under full and open competition, to obtain proposals from experienced and qualified firms for the provision of Federal Lobbying Services. Proposers were required to meet all the minimum qualifications and other requirements established in the RFQ, in order to be considered for inclusion within the Pool. On June 5, 2024, four (4) proposals were received in response to the RFQ. Subsequently, the Proposals were reviewed by Procurement for responsiveness, and all four (4) Proposals were deemed responsive. The Evaluation Committee met on October 3, 2024 to review and evaluate the proposals following the guidelines published in the RFQ. One (1) external Committee member was unable to attend due to extenuating circumstances. The remaining four (4) Committee members voted unanimously to move forward with the evaluation of the Proposals. The Committee decided not to hold oral presentations, as the Proposals did not require further clarification. The Committee voted not to set a threshold for inclusion within the Pool. The final scores are listed below in order of ranking: Awardee Composite Score 1 Continental Strategy, LLC 388 2 Becker & Poliakoff, P.A. 387 3 Ballard Partners, Inc. 382 4 Brumidi Group LLC 355 Due diligence was conducted to determine the Proposers' responsibility, including verifying corporate status, that there were no performance or compliance issues and no adverse findings related to the Porposers' responsibility were found. Notwithstanding the foregoing, the City does not guarantee the number of Work Assignments, if any, issued during the contract period, or the number of work assignments in which any Pool Consultant will participate. The City retains the right to add or remove Consultants from the Pool at its sole discretion. Fiscal Impact: The fiscal impact to the City will be determined on an assignment -by -assignment basis. Pricing for each Work Assignment will be negotiated to the satisfaction of the City. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approval of this recommendation. Approved: avw NoNot Date: November 7, 2024 I 18:54:44 EST Arthur Noriega V City Manager Cc: Melissa Fernandez-Stiers, Chief of Staff, OCM Thomas M. Fossler, Assistant City Attorney Yadissa A. Calderon, CPPB, Assistant Director, Procurement EVALUATION OF PROPOSALS RFQ 1790386 Federal Lobbying Services SELECTION PROPOSERS CRITERIA Maximum Points Maximum Total Points (4 members) Ballard Partners, Inc. Becker & Poliakoff, P.A. Brumidi Group LLC Continental Strategy, LLC Proposer's relevant experience, qualifications, and past performance 35 140 136 136 120 135 Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 35 140 134 134 120 136 Proposer's approach to providing the services re• uested in the solicitation TOTAL TECHNICAL POINTS Local Office Preference (5% of Technical Score) 30 100 5.0 120 400 20 0.0 0.0 115 355 0.0 117 388 0.0 TOTAL INCLUDING LOCAL OFFICE POINTS 105 420 382 387 355 388 Rank SIGNATUR Chairperson R iewed PRINT NAME: Charles Johnson Tahlia Gray EVALUATION OF PROPOSALS RFQ 1790386 Federal Lobbying Services Francisco Petrirena, City of Miami SELECTION PRQQOSERS CRITERIA Maximum Points Ballard Partners, Inc. Becker & Poliakoff, P.A. Brumidi Group LLC Continental Strategy, LLC Proposer's relevant experience, qualifications, and past performance 35 3') 25 ,30 3 Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 35 3 S `S Proposer's approach to providing the services re • uested in the solicitation s, U, TOTAL TECHNICAL POINTS 30 gsl, 13 300 e. 0 Y f00 m fi"afiYfi'«sn {hG tag, ,,, 5 }? ), 4441V.h,3c�. 100 ' ' 5 ket (40 (OD it6F)1, , tt k$ va.ir'. ' 1.15 , :' .�7 ;t 7 t, Cr(V Ax,4i;,��.n ,: .d �''rc. S�t'a" 3+ .J Y7m p.:fi ,:.r a Local Office Preference (5% of Technical Score) (o 0 0 TOTAL INCLUDING LOCAL OFFICE POINTS 105,0 EVALUATION OF PROPOSALS RFQ 1790386 Federal Lobbying Services Alex Barrera, Florida House Major(l topf SELECTION PROPOSERS CRITERIA Maximum Points Ballard Partners, Inc. Becher & Poliakoff, P.A. Brumidi Group LLC Continental Strategy, LLC Proposer's relevant experience, qualifications, and past performance 35.3 ilot 30 _ 33 Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 35 33 3 5 3a. 3 5 Proposer's approach to providing the services requested in the solicitation 30 u N.3 4.°1 . ,.1�c.,,P� �: e. .�;,�'i a� y 9.<.:� ^v ,A ,..;-3 a , �R��". , Rat@ a^�.�.... '. �a ' i.S R: • k, . -,a . TOTAL TECHNICAL POINTS 100 JklIll M .. ..: a m ... .: r , _ ^ .v , s . ' a cJ. d, .;-,;,�c„r.a;. j,aa a & awi `tro''.v^�'' 'a'�;:- „; �., c`s; t.� vW a. i• � ,j���", �u +� �aA `: �r v os .,,, Local Office Preference (5% of Technical Score) 5 TOTAL INCLUDING LOCAL OFFICE POINTS 105.0 EVALUATION OF PROPOSALS 1790386 Federal Lobbying Services Christopher Cantens, Florida Int'I University SELECTION PROpOSERS CRITERIA Proposer's relevant experience, qualifications, and past performance Maximum Points 35 Ballard Partners, Inc. 3-3 Becker & Poliakoff, P.A. Brumidi Group LLC 3 c Continental Strategy, LLC Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 35 30 33 Proposer's approach to providing the services requested in the solicitation TOTAL TECHNICAL POINTS Local Office Preference (5% of Technical Score) 30 100 5 30 9 9_, 3o TOTAL INCLUDING LOCAL OFFICE POINTS 5 EVALUATION OF PROPOSALS RFQ 1790386 Federal Lobbying Services Natasha Colebrook -Williams, City of Miami SELECTION PRCTOSERS CRITERIA Proposer's relevant experience, qualifications, and past performance Maximum Points 35 Ballard Partners, Inc. Becker & Poliakoff, P.A. Brumidi Group LLC 30 Continental Strategy, LLC Relevant experience and qualifications of Key Personnel, and Subcontractors performing services 35 311 314 go Proposer's approach to providing the services requested in the solicitation TOTAL TECHNICAL POINTS Local Office Preference (5% of Technical Score) 30 100 5 269 2`1 a 2? TOTAL INCLUDING LOCAL OFFICE POINTS 105 Tttg riff 4Umi ANNIE PEREZ, CPPO Chief Procurement Officer November 14, 2024 All Responding Proposers (See Distribution List) SUBJECT: RFQ 1790386, Federal Lobbying Services Dear Proposers: ARTHUR NORIEGA V City Manager The Evaluation of the proposals tendered in response to the above cited solicitation has been completed. The City Manager has recommended award as shown within the enclosed document. This notice is provided in accordance with Section 1.20 of the solicitation, and Sections 18-74 of the City of Miami Code. Our provision of this notice also serves to confirm the lifting of the Cone of Silence from this procurement action as dictated by Section 18-74 (d) (2) of the City of Miami Code. We appreciate the participation of all proposers which responded to the subject action. If you have any questions, please contact me at 305-416-1924 or cjohnson@miamigov.com. Sincerely, Charles Johnson, III, NIGP-CPP Senior Procurement Contracting Manager Distribution List: Ballard Partners, Inc. Becker & Poliakoff, P.A. Brumidi Group, LLC Continental Strategy LLC Enclosure: City Manager's Award Recommendation Memo c: City Clerk Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Thomas M. Fossler, Assistant City Attorney Annie Perez, CPPO, Director/Chief Procurement Officer Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Commissioners DATE: November 6, 2024 of the City of Miami aco519ned by: gvfLuAr Narttyt FROM: AFt iuMoriega V City Manager SUBJECT: Report of Evaluation Committee for Request for Proposals (RFQ) No. 1790386, Federal Lobbying Services ENCLOSURES: Evaluation Committee Report Honorable Mayor and Members of the City Commission: Pursuant to Section 18-542, Financial Integrity Principle No. 12.a.(ii) of the Code of the City of Miami, as amended, which states, "the recommendation(s) of the evaluation committee shall be provided to the Mayor and City Commission on all such solicitations prior to presentation to the City Commission for official action," attached please find for your review, a memo from the City Manager regarding the ranking order of proposing firms, for RFQ 1790386, "Federal Lobbying Services," on behalf of the Office of the City Manager. AP: cj c. Larry M. Spring, CPA, Assistant City Manager, Chief Financial Officer Erica Paschal, CPA, Director, Finance Department Melissa Fernandez-Stiers, Chief of Staff, Office of the City Manager Annie Perez, Director/Chief Procurement Officer, Department of Procurement Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement Thomas M. Fossler, Assistant City Attorney 4/1/25, 10:25AM Detail by Entity Name DIVISION OF CORPORATIONS Of J( Sj ( � ,i/2�/ Org [ 1) P r-) i � ,- r r 1 fin official 51119 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation BALLARD PARTNERS, INC. Filing Information Document Number P98000025501 FEI/EIN Number 59-3499504 Date Filed 03/18/1998 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/08/2011 Event Effective Date NONE Principal Address 201 EAST PARK AVENUE, 5TH FLOOR TALLAHASSEE, FL 32301 Changed: 12/11/2017 Mailing Address 201 EAST PARK AVENUE, 5TH FLOOR TALLAHASSEE, FL 32301 Changed: 12/11/2017 Registered Agent Name & Address BALLARD, BRIAN D 201 EAST PARK AVENUE, 5TH FLOOR TALLAHASSEE, FL 32301 Name Changed: 05/01/2003 Address Changed: 01/18/2018 Officer/Director Detail Name & Address Title President https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BALLARD.. 1/3 4/1/25, 10:25AM Detail by Entity Name BALLARD, BRIAN D 201 EAST PARK AVENUE, 5TH FLOOR TALLAHASSEE, FL 32301 Title Executive Secretary Crawley, Shanna 201 EAST PARK AVENUE, 5TH FLOOR TALLAHASSEE, FL 32301 Annual Reports Report Year Filed Date 2023 01/06/2023 2024 01/09/2024 2025 02/13/2025 Document Images 02/13/2025 --ANNUAL REPORT 01 /09/2024 --ANNUAL REPORT 01 /06/2023 --ANNUAL REPORT 01/28/2022 --ANNUAL REPORT 01/22/2021 --ANNUAL REPORT 02/26/2020 --ANNUAL REPORT 01 /24/2019 --ANNUAL REPORT 01 /18/2018 --ANNUAL REPORT 01 /09/2017 --ANNUAL REPORT 01 /26/2016 --ANNUAL REPORT 01 /12/2015 --ANNUAL REPORT 01 /15/2014 --ANNUAL REPORT 01/02/2014 -- Off/Dir Resignation 02/12/2013 --ANNUAL REPORT 02/10/2012 --ANNUAL REPORT 08/08/2011 --Amendment 06/30/2011 --Amendment and Name Change 06/30/2011 -- Off/Dir Resign ' n 01/18/2011 --ANNUAL REPORT 02/19/2010 --ANNUAL REPORT 01 /07/2009 --ANNUAL REPORT 01 /11 /2008 --ANNUAL REPORT 02/08/2007 --ANNUAL REPORT 02/09/2006 --ANNUAL REPORT 01 /27/2005 --ANNUAL REPORT 02/17/2004 --ANNUAL REPORT 05/27/2003 -- Amendment and Name Change View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BALLARD.. 2/3 4/1/25, 10:25AM 05/01 /2003 --ANNUAL REPORT 08/12/2002 -- Name Change 08/12/2002 -- Off/Dir Resignation 04/29/2002 --ANNUAL REPORT 04/30/2001 --ANNUAL REPORT 04/24/2000 --ANNUAL REPORT 02/27/1999 --ANNUAL REPORT 02/04/1999 -- Amendment and Name Change 03/18/1998 -- Domestic Profit Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BALLARD... 3/3 4/1/25, 9:36 AM Detail by Entity Name DIVISION OF CORPORATIONS / f J(' i ` i i»I : of ( � :2-(%( Org :�1 0 r) rr) 2 rrrr official 5ta19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation BECKER & POLIAKOFF, P.A. Filing Information Document Number 490721 FEI/EIN Number 59-1640708 Date Filed 12/22/1975 State FL Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 10/19/2022 Event Effective Date NONE Principal Address 1 EAST BROWARD BLVD #1800 FT LAUDERDALE, FL 33301 Changed: 10/22/2020 Mailing Address 1 EAST BROWARD BLVD #1800 FT LAUDERDALE, FL 33301 Changed: 10/22/2020 Registered Agent Name & Address LESSER, STEVEN B. 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Name Changed: 05/11/2001 Address Changed: 03/19/2015 Officer/Director Detail Name & Address Title TD https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BECKERP... 1/3 4/1/25, 9:36AM LEVINE, ALLEN M 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title PD ROSEN, GARY C 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title SD LESSER, STEVEN B 1 East Broward Boulevard Suite 1800 FORT LAUDERDALE, FL 33301 Annual Reports Report Year Filed Date 2023 01/06/2023 2024 01/08/2024 2025 01/29/2025 Document Images 01 /29/2025 --ANNUAL REPORT 01 /08/2024 --ANNUAL REPORT 01 /06/2023 --ANNUAL REPORT 10/19/2022 -- Merger 01/06/2022 --ANNUAL REPORT 01/11/2021 --ANNUAL REPORT 10/22/2020 -- Amended and Restated Articles 01 /02/2020 --ANNUAL REPORT 04/17/2019 --ANNUAL REPORT 02/02/2018 --ANNUAL REPORT 01 /10/2017 --ANNUAL REPORT 02/09/2016 --ANNUAL REPORT 03/19/2015 --ANNUAL REPORT 01/28/2014 -- AMENDED ANNUAL REPORT 01 /27/2014 --ANNUAL REPORT 01 /24/2013 --ANNUAL REPORT 02/16/2012 --ANNUAL REPORT 01/07/2011 --ANNUAL REPORT 09/15/2010 -- Amendment 02/03/2010 --ANNUAL REPORT 04/21 /2009 --ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BECKERP... 2/3 4/1/25, 9:36AM 05/16/2008 --ANNUAL REPORT 02/25/2008 --ANNUAL REPORT 04/09/2007 --ANNUAL REPORT 04/17/2006 --ANNUAL REPORT 03/25/2005 --ANNUAL REPORT 01/28/2004 --ANNUAL REPORT 03/10/2003 --ANNUAL REPORT 05/13/2002 --ANNUAL REPORT 05/11/2001 --ANNUAL REPORT 01 /27/2000 --ANNUAL REPORT 02/20/1999 --ANNUAL REPORT 01/29/1998 --ANNUAL REPORT 01 /28/1997 --ANNUAL REPORT 01 /31 /1996 --ANNUAL REPORT 01 /31 /1995 --ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=BECKERP... 3/3 4/1/25, 10:14 AM Detail by Entity Name DIVISION OF CORPORATIONS if Of J( ( � ,i/2�/ Org [ 1) P r-) i � ,- r r 1 rrrr official 511119 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company BRUMIDI GROUP LLC Filing Information Document Number M24000010361 FEI/EIN Number 88-3072414 Date Filed 08/09/2024 State DE Status ACTIVE Principal Address 221 10TH ST. SE WASHINGTON, DC 20003 Mailing Address 221 10TH ST. SE WASHINGTON, DC 20003 Registered Agent Name & Address PARACORP INCORPORATED 155 OFFICE PLAZA DR., 1ST FLOOR TALLAHASSEE, FL 32301 Authorized Person(s) Detail Name & Address Title MGR COOPER, CHARLES 221 10TH ST. SE WASHINGTON, DC 20003 Title MGR WADE, MADELINE 221 10TH ST. SE WASHINGTON, DC 20003 Annual Reports Report Year Filed Date 2025 02/13/2025 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=BRUM IDI... 1/2 4/1/25, 10:14 AM Detail by Entity Name Document Images 02/13/2025 --ANNUAL REPORT 08/09/2024 -- Foreign Limited View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=BRUM IDI... 2/2 4/1/25, 9:52 AM Detail by Entity Name DIVISION OF CORPORATIONS JSviiJ1 : Jf. amorg ? PJi) -`,fri011.� rrrr official 5ta19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company CONTINENTAL STRATEGY, LLC Filing Information Document Number L21000018508 FEI/EIN Number 86-1278551 Date Filed 01/06/2021 Effective Date 01/20/2021 State FL Status ACTIVE Principal Address 255 ALHAMBRA CIRCLE SUITE 640 CORAL GABLES, FL 33134 Changed: 06/02/2022 Mailing Address 255AIhambra Circle Suite 640 Coral Gables, FL 33134 Changed: 02/28/2022 Registered Agent Name & Address TRUJILLO, CARLOS 255AIhambra Circle Suite 640 Coral Gables, FL 33134 Address Changed: 02/28/2022 Authorized Person(s) Detail Name & Address Title MGR TRUJILLO, CARLOS 1455 PENNSYLVANIAAVENUE #680 WASHINGTON, DC 20004 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CONTI NE... 1/2 4/1/25, 9:52 AM Detail by Entity Name Annual Reports Report Year Filed Date 2023 01/30/2023 2024 02/07/2024 2025 03/18/2025 Document Images 03/18/2025 --ANNUAL REPORT 02/07/2024 --ANNUAL REPORT 05/17/2023 -- AMENDED ANNUAL REPORT 01 /30/2023 --ANNUAL REPORT 02/28/2022 --ANNUAL REPORT 01/06/2021 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CONTI NE... 2/2 RESPONSE TO CITY OF MIAMI REQUEST FOR QUALIFICATIONS Federal Lobbying Services Prepared by: BALLARD PART:JERS Primary Office: 201 East Park Avenue 5th Floor Tallahassee, FL 32301 850.577.0444 phone 850.577.0022 fax Washington Office: 601 Thirteenth Street, N.W. Suite 250S Washington, D.C. 202.800.5620 phone 202.800.5623 fax FEIN 59-3499504 Primary Contact for RFP: Brian Ballard - ballard@ballardpartners.com Liaison for Contract: Brian Ballard - ballard@ballardpartners.com www.ballardpartners.com X@ballardfirm EXPERIENCE. DEDICATION. RESULTS. 2. TABLE OF CONTENTS BALLARD I PARTNERS 1. Cover Page 1 2. Table of Contents 2 3. Executive Summary 3 4. Proposer's Relevant Experience, Qualifications and Past Performance..... 5 5. Relevant Experience and Qualifications of Key Personnel 10 6. Proposed Approach to Providing the Services 27 Attachments 29 Attachment A: Certification Statement Attachment B: Reference Submittal Form Addendum No. 1 Addendum No. 2 BALLARD PARTNERS 3. EXECUTIVE SUMMARY June 5, 2024 City of Miami City of Miami Depailtuent of Procurement 444 SW 2nd Ave, 6th Floor Miami FL 33130 Re: Solicitation RFQ 1790386, Federal Lobbying Services Dear City of Miami On behalf of Ballard Partners, Inc. ("Firm"), I am pleased to submit this proposal to provide Federal Lobbying Services for the City of Miami ("City"). The Firm's primary location is 201 East Park Avenue, 5th Floor, Tallahassee, FL 32301, our Miami office is located at 2 Alhambra Plaza, Suite 102, Coral Gables, FL 33134, and our Washington D.C. office is located at 601 Thirteenth Street NW, Suite 250S, Washington, D.C. 20005. The Firm is a Florida corporation and our Federal Employer ID number is 59-3499504. This proposal outlines a full -service agreement to represent the City on all issues before both the legislative and executive branches of the Federal government as well as all Federal agencies. Ballard Partners, founded in 1998, has been a force in Florida politics and government for over two decades. In Florida, Ballard Partners' statewide presence has nine offices in Tallahassee, Jacksonville, Fort Lauderdale, Miami, Orlando, West Palm Beach, Sarasota, Fort Myers, and Tampa. Each office has a team of professionals with vast governmental affairs, strategic communications, and coalition -building experience who are deeply connected in their respective communities. The Firm has grown into Florida's top government affairs practice, one of the top firms in Washington, D.C., and recently opened offices in Los Angeles and Sacramento, CA. Ballard Partners specializes in all aspects of governmental and public affairs, including legislative advocacy and administrative issues affecting executive agency decisions. Our philosophy is simple: We combine extensive government experience with unwavering advocacy to maximize clients' results. We bring a broad range of governmental and political expertise to meet the needs of our clients. Our lobbying and public affairs work is grounded in our collective years of experience, a keen understanding of local, statewide, and federal politics, and effective representation in a myriad of policy areas that impact government across a spectrum of areas. The Firm is comprised of 55 professional, full-time governmental consultants with substantial backgrounds in legislative and administrative issues across all levels of government from municipalities to the nation's Capital. The Firm's continued success is the result of our team members' emergence from the senior ranks of both the legislative and executive branches of both TALLAHASSEE WASHINGTON D.C. MIAMI TAMPA FORT LAUDERDALE WEST PALM BEACH JACKSONVILLE ORLANDO SARASOTA FORT MYERS BOSTON LOS ANGELES SACRAMENTO TELAVIV ISTANBUL ABUJA/LAGOS EXPERIENCE. DEDICATION. RESULTS. City of Miami, Florida Solicitation RFQ 1790386, Federal Lobbying Services June 5, 2024 Page 2 BALLARD PARTNERS Florida and the federal government. Our professional staff includes three former legislators, two former Governor's chiefs of staff, Lieutenant Governor's chief of staff, gubernatorial policy director, legislative committee staff director, two previous agency secretaries, congressional staff, and senior leaders from local government. Combined with our experienced administrative support staff, we offer a closeknit, effective team to address our clients' respective needs. We represent an extensive client list and have been privileged to represent many diverse clients for over two decades, working in partnership to achieve many successes. The focus of the Firm's services includes the advocacy for the passage and defeat of legislation, policy, and appropriations relevant to the client. These accomplishments require our lobbying team to work closely with House and Senate leaders, budget chairs, key congressional members and their staff, and the White House. We are passionate, persuasive advocates who maximize results for the clients we serve. The Firm is engaged at the highest levels of government and can meaningfully promote the City's advocacy agenda. The following person is the contact person and is authorized to make representations for the Firm. Brian D. Ballard, President 201 East Park Avenue, 5th Floor Tallahassee, FL 32301 850.577.0444 phone 850.577.0022 fax ballard@ballardpartners.com We enjoy a hard-won reputation for successfully advancing our clients' interests. Please contact me if you have any questions. Sincerely, B D. Bal d President 4IPage EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS 4. PROPOSER'S RELEVANT EXPERIENCE, QUALIFICATIONS AND PAST PERFORMANCE The Firm was founded in March 1998, by Brian Ballard, President of the Firm, and has been a force in Florida politics and government for over two decades. Each office has a team of professionals with vast governmental affairs, strategic communications, and coalition -building experience who are deeply connected in their respective communities. The Firm has grown into one of the top government affairs practice firms in Washington, D.C. Brian Ballard has devoted the entirety of his career to working with governmental entities. His early experience with both the Executive Office of the President and the Executive Office of the Governor of the State of Florida set the standard for his pursuit of excellence in private practice. Since beginning his private -sector career, he has lobbied extensively on a myriad of issues, and the list of his clientele runs the gamut from non-profit organizations to global corporations. The Firm is comprised of 55 professional, full-time governmental consultants with substantial backgrounds in legislative and administrative issues across all levels of government from municipalities to the nation's Capital, as well as a dedicated team of administrative professionals. Our deep bench of consultants affords us the ability to refrain from using subcontractors. The Firm currently has nine offices in Florida, including Tallahassee, Jacksonville, Fort Lauderdale, Miami, Orlando, West Palm Beach, Sarasota, Fort Myers, and Tampa, as well as offices in Washington, D.C., Los Angeles, Sacramento, Boston, Tel Aviv, Istanbul, and Abuja/Lagos, Nigeria. We continue to provide our clients with direct and ongoing access to the Firm's team and its services. Our team has a proven track record in cultivating strong working relationships with legislative leadership, committee staff and the executive and cabinet agencies. One of our many strengths is maintaining ongoing visibility and communication on your priorities, as issues will evolve and change quickly during the process. Our distinct advantage comes from our highly skilled, bipartisan team. Our Partners join our Firm after serving in senior positions at the highest levels of federal government, business, politics, and media. As a Firm, we have cultivated lifelong relationships with key leaders and decision makers. Ballard Partners has represented various local governments on the federal level. The Firm has solid relationships with key Members of Congress, the Florida Delegation, and executive agencies that could assist the City. Some examples of relationships are noted below: • U.S. House of Representatives: o Florida Congressional Delegation and staff o House Majority and Minority Leadership and staff o House Agriculture Committee members and staff o House Education and Labor Committee 51Page EXPERIENCE. DEDICATION. RESULTS. o House Appropriations Committee members and staff o House Committee on Homeland Security Members and staff BALLARD PARTNERS • U.S. Senate: o United States Senators Rick Scott and Marco Rubio and staff o United States Senate Committee on Appropriations members and staff o United States Senate Committee on Finance members and staff o United States Senate Committee on Health, Education, Labor, and Pensions members and staff o United States Senate Committee on Homeland Security and Government Affairs members and staff • Executive Branch: o Executive Office oU.S. Department oU.S. Department o U.S. Department o U.S. Department o U.S. Department oU.S. Department o U.S. Department o U.S. Department oU.S. Department of the President of Environment Protection of Housing and Urban Development, Secretary of Labor, Secretary of Health and Human Services, career and political staff of Homeland Security (FEMA), career and political staff of Agriculture, career and political staff of Transportation, Secretary and staff of Commerce of Education Our expertise spans all branches of the federal government with deeply rooted connections in every agency, department, and throughout Congress and its committees. We believe our combined federal knowledge and experience within Congress and the Administration gives our clients the greatest solutions to their issues. Our Washington D.C. office has worked diligently to build a national presence for our clients that is truly unmatched. Our expertise spans all branches of the federal government with deeply rooted connections in every agency, department, and throughout Congress and its committees. We have represented many large cities and counties, and we understand the issues and challenges of urban centers, including fiscal problems, infrastructure shortages and deficiencies, affordable housing and homelessness, environmental threats, and lack of adequate transportation alternatives, to name just a few. The following is a list of three (3) comparable contracts similar in scope of services: 1) Manatee County, Florida • Commissioner Kevin Van Ostenbridge • 1112 Manatee Avenue West, Bradenton, FL 34205 61Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS • 941.748.4501 • kevin.vanostenbridge@mymanatee.org • The Firm provides Manatee County with Federal legislative and executive branch advocacy in accordance with the County's legislative and budgetary needs on an annual basis, including but not limited to, the filing of specific legislation, tracking and reporting of general legislation. • 3/28/2023 — Current 2) City of Pensacola, Florida • D.C. Reeves, Mayor • 222 W Main Street. Pensacola, FL 32502 • 850.435.1625 • dcreeves@cityofpensacola.com • The Firm provides the City of Pensacola with Federal legislative and executive branch advocacy in accordance with the City's legislative and budgetary needs on an annual basis, including but not limited to, the filing of specific legislation, tracking and reporting of general legislation. • 3/1/2018 — Current 3) Metropolitan Government of Nashville and Davidson County • Ginger Hausser, Senior Advisor for Intergovernmental Affairs, Office of Mayor John Cooper One Public Square, Nashville, TN 37201 • 615.862.6020 • Ginger.hausser@nashville.gov • The Firm provides Metropolitan Government of Nashville and Davidson County (City of Nashville) with Federal legislative and executive branch advocacy in accordance with the City's legislative and budgetary needs on an annual basis, including but not limited to, the filing of specific legislation, tracking and reporting of general legislation. • 1/1/2022 — Current We believe our combined federal knowledge and experience within Congress and the Administration gives our clients the greatest solutions to their issues. The following is a detailed description of some of our major achievements for local governments in areas of interest to the City: CITY OF MIAMI BEACH Ballard Partners successfully advocated on behalf of its client, the City of Miami Beach, to secure a $7.65 million appropriation for Mt. Sinai Medical Hospital. The requested funds for this project will go towards resiliency improvements that the city of Miami Beach needs to continue to safely serve its 10,000,000+ annual visitors and protect the lives of patients, hospital staff and local residents in times of severe weather emergencies. 71Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS CITY OF PENSACOLA The Firm was successful in helping secure a $56 million -dollar Triumph grant (in the post earmark climate) to Pensacola International Airport for an economic development project. Triumph Gulf Coast, Inc. is a nonprofit corporation conceived by the Florida Legislature to create and administer a program to assist with the economic recovery of eight counties (Bay, Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Walton, and Wakulla) that were disproportionately affected by the 2010 Deepwater Horizon oil spill. The nonprofit assists businesses, individuals, and local governments in diversifying their economies. The grant from Triumph Gulf Coast to the Pensacola International Airport is the largest awarded grant that the group has allocated to date. The airport expansion includes three additional hangars, a warehouse, and an administrative office building. The project is expected to create 1,325 jobs. CITY OF NASHVILLE For several years, Nashville Metro staff has waited for the Federal Emergency Management Agency (FEMA) to release $9,256,712 in hazard mitigation funding for the Dry Creek Wastewater Treatment Plant. The plant sustained significant flood damage during the historic flooding event of May 2010. The funding was approved in 2019, but FEMA had not conducted its environmental review. The delay jeopardized the hazard mitigation dollars due to federal time constraints placed on the funding. The Firm contacted the White House and FEMA to kickstart the review process, and to establish a new line of communication with Metro staff. As a result, FEMA contacted Metro staff to review the status of the hazard mitigation funding, and to restart the process towards the disbursement of these federal dollars. LEE COUNTY In the months following the storm, Congress failed to designate Hurricane Ian as a "qualified disaster." This put a hard cap on what an individual can claim as disaster losses on their 2022 taxes, no matter what kind of loss they suffered. This was tremendously problematic for coastal residents, who had near total, and high property values. Working with Senator Scott and Congressmen Buchanan and Donalds, we were able to get the IRS to issue a memo removing the hard cap on losses. The IRS allowed people to claim disaster -related casualty losses on their tax returns if they are in federally declared disaster areas, even though there was no specific designation from Congress. Since that time Senator Scott and Donalds have also introduced legislation to correct this problem in Federal law. MIAMI-DADE COUNTY PUBLIC SCHOOLS The Firm represents Miami -Dade County Public Schools before Congress and the Administration. During this engagement we have been successful in helping the school district secure millions of federal dollars for technology, infrastructure, student services and personnel 81Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS services. This was particularly important at the height of the pandemic. The Firm's team also helped the school district secure funding to improve school health, safety, and mental health services for students with training of teachers and support personnel such as psychologists, school social workers, counselors, school nurses, and/or emergency medical personnel. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS Martin County has numerous maintenance agreements on various equipment to ensure proper inspections, servicing, etc. are being done to prevent an impact on operations. During an attempt to renew the existing maintenance agreement for the Uninterruptable Power Supply (UPS) for the Computer Aided Dispatch (CAD) system located at the Public Safety Complex (PSC), staff was made aware by the vendor that the existing UPS installed in 2006 was at the end of its life and could no longer be supported, parts are no longer available for that model, therefore the maintenance agreement was not renewed. Ballard Partners was successful in getting three quarters of a million dollars in the FY 2023 Homeland Security bill to replace the UPS at the Emergency Operations Center. CITY OF JACKSONVILLE The Firm represented the City of Jacksonville before the Congress and the Administration. We successfully aided the City of Jacksonville to secure pandemic and disaster relief funding from the federal government. During the FY 23 appropriations cycle we helped secure over $6.7 million in new funding for the City to assist with its sewer to septic tank project in the urban core. OKALOOSA COUNTY The Firm represents Okaloosa County before the Congress and the Administration. During this engagement, the firm has been successful in helping the County recover more than $13 million in reimbursement from FEMA after federal disasters. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 91Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS 5. RELEVANT EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL The key personnel assigned to the City will be Brian Ballard, Jose Felix Diaz, Dan McFaul, Tola Thompson and Hunter Morgen. Beyond the primary contacts, all of the Firm's principals will be utilized when necessary. We believe it is our combined expertise, history working together as a team and relationships at all levels of government that will be uniquely beneficial to the City's interests. All representatives of the Firm may be contacted through our Washington, D.C. office. The Firm will not be utilizing the services of any subcontractor for this project. BRIAN BALLARD, PRESIDENT Brian has earned a reputation as a tireless, persistent and effective advocate for his clients' interests. He has been recognized in The Hill: Top Lobbyists / Hired Guns 2023, 2022, 2021, 2020, Florida Trend's 2023, 2022, 2021, 2020 Most Influential Business Leaders, named a member of Vanity Fair's "New Establishment for 2019", and listed among the 18 to watch in 2018 by Politico Playbook Power List. His accomplishments have spanned over 25 years and includes legislative successes on hundreds of policy and funding initiatives in Florida and Washington, DC. Brian has taken his passion for politics and policy to the national scene, opening up Ballard Partners' Washington, DC office in February 2017. He is spearheading the firm's successful efforts with a first-class bi-partisan government relations team that represents clients across the federal landscape and impacting a myriad of domestic and foreign affairs issues. As one of the top political insiders in Florida and Washington, Brian's political portfolio includes meaningful roles in several presidential and gubernatorial campaigns. He chaired the Florida Finance Committee of Republican presidential nominees John McCain in 2008, Mitt Romney in 2012 and Donald J. Trump in 2016. Additionally, Brian has served as vice chairman of the Presidential Inaugural Committee and was appointed as a member of the Presidential Transition Finance Committee. Recognizing his formidable fundraising and political skills, the Republican National Committee tapped Brian to serve as the Finance Vice Chairman to help build resources for key national races. Brian and his wife Kathryn were honored to be selected by three Florida Governors to plan and execute their inaugural ceremony and events, serving as Co -Chairs of the inauguration for Governor Ron DeSantis, Governor Rick Scott and Governor Charlie Crist. Among his important public service experience, Brian currently serves on the Board of Trustees for the John F. Kennedy Center for the Performing Arts. He previously served on the U.S. and Foreign Commercial Service Advisory Council, after appointment by the U.S. Secretary of Commerce. He also directed the transition and assisted in the U.S. Senate confirmation of Governor Bob Martinez as the Director of the Office of National Drug Control Policy (Drug Czar) in the Executive Office of the President. 101Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS As chief of staff in the Executive Office of the Governor, Brian developed a special interest in environmental issues. Among his accomplishments, he served as chief architect of Preservation 2000, the largest public acquisition program for environmentally sensitive lands in the nation. He also served as Florida' s chief negotiator with the U.S. Department of the Interior to end offshore drilling along the state's southeast coastline and the Florida Keys. The American Lawyer magazine rated Brian as one of America' s top rated lawyers in the field of Energy, Environmental and Natural Resources law. Committed to community service, Brian has been a member of the Council of 100, the Collins Center for Public Policy, Florida Governor's Mansion Foundation, and the City of Tallahassee Architectural Review Board. He has received Florida's highest award for historic preservation recognizing his efforts involving preservation of historic buildings. In 2016, Brian and Kathryn were inducted into Florida State University' s Francis Eppes Society for their philanthropic support to the University. Before establishing Ballard Partners, Brian served as managing shareholder for Bryant Miller Olive P.A. He currently serves as counsel to Panza, Maurer & Maynard, P.A. He received both his Bachelor of Science degree in Business Administration and his Juris Doctorate from the University of Florida, where he was later inducted into the University's Hall of Fame. JOSE FELIX DIAZ, EXECUTIVE VICE PRESIDENT AND MANAGING PARTNER (MIAMI) As an attorney, advisor, and four -term elected official, Jose Felix has consistently been recognized as one of the rising stars in government affairs over the past decade. In 2010, Jose was elected to the Florida House of Representatives, where he served for seven years. Jose ascended quickly to the leadership ranks of the legislature, where he chaired the Energy & Utilities, Regulatory Affairs, and Commerce committees. Known for his fundraising prowess and sharp political instincts, Jose was recruited to serve on the Republican State Leadership Committee's Future Majority Project Board, to help recruit and retain minority candidates throughout the United States. He also served as Chairman of the Legislative Committee of the Florida Constitution Revision Commission. During his legislative tenure, Jose was elected as chair of the Miami -Dade Legislative Delegation, where he led his colleagues during a period of sustained and successful bipartisanship. A Columbia Law School graduate, Jose has significant international, federal, state, and local government affairs experience and legal acumen. Early in his law career, Jose gained a reputation for being a tenacious advocate for clients in contract procurement, international law, public private partnerships, complex legal, and land use and zoning matters. Jose has been recognized as one of the "Top 100" Lobbyists in America by the National Institute for Lobbying & Ethics and as one of the "South Florida Power 100" by City & State Magazine, among other awards. 111Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS Jose serves on the Board of Directors of multiple organizations, including the National Recreation and Park Association, the Orange Bowl Committee, the Bakehouse Arts Complex, and the Millennial Action Project. He is also currently the Chairman of the Zoo Miami Foundation. DAN MCFAUL, MANAGING PARTNER (WASHINGTON, D.C.) Dan McFaul has been involved with more than 30 federal, state, and local campaigns in the last two decades, including races for Congress, U.S. Senate, and Governor, as well as Presidential campaigns. He served as campaign manager to Congressman Joe Scarborough in 1996 and 2000. In 1998, he worked as a Senior Field Analyst for the National Republican Congressional Committee (NRCC) and consulted on eight Congressional campaigns in the Southeast and Ohio River Valley. Dan served on the staff of U.S. Rep. Joe Scarborough of Florida from 1997-2001, rising to the position of Legislative Director. He became the Chief of Staff and Communications Director for Congressman Jeff Miller on Oct. 16th, 2001, when Miller was sworn into office. Prior to Miller's election, Dan was Miller's campaign manager during the 2001 special election cycle. Dan was a member of the Presidential Transition Team for then President-elect Donald J. Trump. In this capacity, Dan worked on the Appointments Team responsible for recruiting and vetting potential appointees to the incoming Administration, specifically for the Department of Defense, the Department of Veterans Affairs, the Armed Services, and the Intelligence community. A native of Pensacola, Dan graduated from the University of Florida with a bachelor's degree in Political Science and Public Relations. He later completed a Master's Degree in Public Administration at the University of West Florida. TOLA THOMPSON, PARTNER (WASHINGTON, D.C.) Tola is a seasoned governmental relations professional with over 18 years of experience at the state and federal levels. A 14-year veteran of Capitol Hill, Tola most recently served as Chief of Staff to U.S. Rep. Al Lawson, a member of the House Financial Services Committee. Over the years, Tola has developed relationships with key members of Leadership and members of the Congressional Black Caucus and the New Democrat Coalition. In addition to his service with Rep. Lawson, Thompson also worked for ten years with former US Rep. Carrie Meek, a senior member of the House Appropriations Committee, where he managed a broad legislative portfolio that included telecommunications, education, labor, health, and agricultural appropriations. Tola previously served as Assistant Vice President and Director of Governmental Relations at Florida A&M University where he worked across almost every facet of government to develop and ensure execution of the university's legislative agenda. He has also worked to successfully pass new legislation to provide high quality educational options for low-income K-12 students in 121Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS Pennsylvania, Ohio, Louisiana, and Florida. He received his bachelor's in journalism from Florida A & M University. HUNTER MORGEN, PARTNER (WASHINGTON, D.C.) Hunter Morgen is a Partner at Ballard Partners, having joined the firm after serving more than three years in the Trump Administration as a Special Assistant to President Trump for policy and strategy. Hunter provides firm clients with strategic consulting on trade and immigration policy. During his tenure in the Trump Administration, Hunter worked in the White House as a principal deputy to Peter Navarro and Stephen Miller, specializing in trade and immigration matters. Among his many responsibilities, Hunter drafted executive orders, legislation, policy guidance and regulations while he oversaw a team of five. He also directed the Administration's efforts on Buy American/Hire American policy. Prior to his White House position, Hunter was a Policy Advisor at the State Depaitinent in the Office of Policy and Planning, where he focused on Africa and assisted the Secretary with preparation for the G-20 Summit. In 2020, Hunter was appointed by President Trump to be a member of the Presidential Council on Improving Federal Civic Architecture. He also serves a Distinguished Fellow to the American Cornerstone Institute. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 131Page EXPERIENCE. DEDICATION. RESULTS. Residence: 7445 Heartland Circle Tallahassee, Florida 32312 850.668.9823 PROFESSIONAL HISTORY: May 1998 - Present June 2003 - Present August 1995 - August 2006 March 1991 - May 1998 November 1992 - April 1994 December 1990 - March 1991 BRIAN D. BALLARD BALLARD PARTNERS Office: 201 East Park Avenue, 5th Floor Tallahassee, Florida 32301 850.577.0444 Ballard Partners, Inc. President. The Firm specializes in all aspects of governmental advocacy with particular emphasis on matters before Florida's executive and legislative branches of state government, as well as all aspects of governmental advocacy on matters before Congress, the Administration, and federal agencies and departments. Panza, Maurer & Maynard, P.A. Of Counsel. The law firm specializes in governmental and regulatory matters; health care; insurance; corporate law; commercial litigation and environmental law. Rated "AV" by Martindale -Hubble. Florida State University Adjunct Professor in the School of Political Science. Bryant, Miller and Olive, P.A. Managing Shareholder. The law firm specializes in state and municipal finance, environmental law, governmental affairs, and agency decision making. U.S. and Foreign Commercial Service Advisory Council Appointed by the U.S. Secretary of Commerce to provide advice on the operations and services of the US&FCS and its related worldwide export programs. Executive Office of the President Directed the transition and assisted in the U.S. Senate confirmation of the Director of the Office of National Drug Control Policy. 141Page EXPERIENCE. DEDICATION. RESULTS. January 1988 - December 1990 March 1989 1987 August — December 1983 May - July BALLARD PARTNERS Chief of Staff, Office of the Governor Directed executive office staff, supervised eleven cabinet departments under the Governor. Coordinated and lobbied legislative and budget proposals. Developed policy initiatives for the Executive Office of the Governor and its agencies. White House Delegation U.S. Observation Delegation to the 1989 Presidential Election in El Salvador. Deputy Chief of Staff/Executive Assistant, Office of the Governor Directed the Scheduling and Appointments Office. Assisted in press and public relations and coordinated the administrative functions of the Governor's Office. Executive Office of the President Intern, Office of Management and Budget. EDUCATION: University of Florida College of Law Juris Doctorate, 1988 University of Florida Bachelor of Science in Business Administration, 1983 PROFESSIONAL, John F. Kennedy Center for the Performing Arts, Board Member, POLITICAL AND 2020 CIVIC Republican National Convention, Jacksonville 2020 Host Committee Co -Chair, 2020 Governor Ron DeSantis Inaugural Committee, Chairman, 2018 Presidential Electoral College Member, 2016 Trump Victory, Florida Chairman, 2016 Presidential Inaugural Committee, Vice Chairman, 2016 Presidential Transition Finance Committee Member, 2016 Governor Rick Scott Inaugural Committee, Chairman, 2015 Mitt Romney Presidential Campaign, Florida Finance Governor Rick Scott Inaugural Finance Committee, John McCain Presidential Campaign, Florida Finance Florida Governor's Mansion Foundation Governor Charlie Crist Inaugural Committee, Chairman, 2007 American Bar Association The Florida Bar The Collins Center for Public Policy Miami Herald Legislative Ranking Committee 2002, 2003 151Page EXPERIENCE. DEDICATION. RESULTS. HONORS: BALLARD PARTNERS City of Tallahassee - Leon County Architectural Review Board August 20, 1999 - June 30, 2002 Georgetown University Medical and Law Centers, Editorial Associate, Courts, Health, Science and the Law Florida Council of 100, 1987-1990 Governor's Transplant Lifeline for Children Task Force, Board of Directors, 1987-1990 University of Florida Depaiiment of Political Science, Graduate Program in Political Campaigning, Development Committee, September 1994 University of Florida Athletic Association Board of Directors, 1984 Delta Tau Delta National Fraternity Inductee, Francis Eppes Society, Florida State University, 2016 The American Lawyer's Magazine Top Rated Lawyer in the field of Energy, Environmental and Natural Resources Law 2013 Rated "AV" by Martindale -Hubbell highest attorney rating for both legal ability and ethical standards Florida Trust for Historic Preservation Award for Outstanding Historic Preservation 2000 Tallahassee/Leon County Historic Preservation Award 1999 University of Florida Hall of Fame Florida Blue Key Omicron Delta Kappa 161Page EXPERIENCE. DEDICATION. RESULTS. Residence: 8567 Coral Way, Unit 374 Miami, FL 33155 305.785.8280 PROFESSIONAL HISTORY: January 2018 - Present Jan. 2018 — Present Fall 2005 — January 2018 Nov. 2010 — 2017 JOSE FELIX DIAZ BALLARD PARTNERS Office: 2 Alhambra Plaza, Suite 102 Coral Gables, FL 33134 305.456.8479 Ballard Partners, Inc., Miami, FL Executive Vice-President/Managing Partner Miami. The Firm specializes in all aspects of governmental advocacy with particular emphasis on matters before Florida's Executive and Legislative branches of state government. The firm also provides client representation before the U.S. Congress and federal agencies. Panza Maurer & Maynard, Miami, FL Of Counsel. Land use lawyer and government consultant, focusing on public -private partnerships, procurement oversight, and small - and -large scale developments in the State of Florida. Experienced in complex federal, state, and local land use processes, including, but not limited to, land use litigation relating to public land regulation. Akerman LLP, Miami, FL Of Counsel. Attorney, specializing in litigation, land use and local government law. Extensive state and federal district court experience with a focus on international and complex commercial disputes. Additional experience in criminal defense matters. Admitted to practice before the Northern, Middle, and Southern United States District Courts of Florida. Florida House of Representatives, Tallahassee, FL State Representative, Districts 115 & 116. Elected to four consecutive terms in the Florida House of Representatives. Served as Chairman of the Energy & Utilities Subcommittee, Regulatory Affairs Committee and the Commerce Committee. Designated as a member of the Speaker of the Florida House of Representative's Leadership Teams in 2015, 2016, 2017. Appointed as a Commissioner of Florida's Constitutional Revision Commission in 2016, which meets once every twenty years. 17 EXPERIENCE. DEDICATION. RESULTS. EDUCATION: BALLARD PARTNERS Negotiated Seminole Indian Gaming Compact on behalf of the State of Florida for three consecutive years. The Settlement agreement included the largest revenue share guarantee in an Indian Gaming Compact in the history of the United States. As Chairman of the Florida House of Representatives' Commerce Committee, oversaw Agriculture Subcommittee which secured funding for the University of Florida's Institute for Food and Agricultural Sciences, passed legislation which strengthened economic development opportunities for rural Florida, and promoted millions of dollars in sales tax exemptions for agriculture and animal health products. Columbia University School of Law, New York, NY Juris Doctorate, Received May 2005 Study Abroad: University of Buenos Aires, Fall 2004 Activities: Columbia University Student Senate, Parliamentarian American Bar Association Law Student Division, National Secretary/Treasurer Law Student Senate Parliamentarian Honors: Parker School of Foreign and Comparative Law Certificate American Review of International Arbitration, Student Editor 2003, Senior Editor 2004 Harlan Fiske Stone Moot Court Program University of Miami, Miami, FL Bachelor of Arts Degree, Honors Program, Received May 2002 Majors: English/Political Science Minor: Psychology Study Abroad: UNC Chapel Hill, Summer 2001, "Quest to Greece" Program Activities: Student Body President Iron Arrow Society, Highest Honor Honors: 2002 State of Florida College Student of the Year Omicron Delta Kappa Honor Society, Historian 181Page EXPERIENCE. DEDICATION. RESULTS. PROFESSIONAL, POLITICAL, AND CIVIC ORGANIZATIONS HONORS BALLARD PARTNERS University of Idaho, Legislative Energy Horizon Institute Certificate in Energy Planning & Policy, Received 2014 Through the LEH Institute, legislators learn how to make responsible and informed policy choices by increasing their knowledge of the complex Issues associated with the electricity, natural gas, and petroleum infrastructure; regulation governing this infrastructure; and the interdependencies of the U.S. energy sectors. Cuban American Bar Association, Board of Directors Beacon Council Young Leaders Taskforce Miami -Dade Leg. Delegation, Chairman Public Service Commission Nominating Council, Chairman Southern States Energy Board, Board of Directors Children's Trust, Past Board Member CHARLEE Homes for Children, Board of Directors Put Something Back Pro Bono Project Our Kids of Miami -Dade, Board of Directors Miami Foundation Public Space Challenge National Recreation and Park Association, Board of Directors Zoo Miami Foundation, Chair Orange Bowl Committee, Board of Directors Bakehouse Arts Complex, Board of Directors Millennial Action Project, Board of Directors Cuban American Bar Association, Presidential Award Super Lawyers Magazine, Rising Star CPAC 2014, Top 10 Conservatives Under 40 CPAC 2013, Honorary Emcee Cystic Fibrosis "40 Under 40 Top Lawyers Award" Children's Trust, Champion for Children Leukemia & Lymphoma Society, Man of the Year Award United Way of Dade, Public Servant of the Year "Top 100" Lobbyists in America by the National Institute for Lobbying & Ethics "South Florida Power 100" by City & State Magazine 19� EXPERIENCE. DEDICATION. RESULTS. Residence: 1364 North Carolina Avenue NE Washington, D.C. 20002 202.546.9191 PROFESSIONAL HISTORY: February 2017 - Present January 2017 - February 2017 November 2016 - January 2017 October 2001 - January 2017 May 2001 - October 2001 DANIEL McFAUL BALLARD PARTNERS Office: 601 Thirteenth St, NW, Suite 250S Washington, D.C. 20005 202.800.5620 Ballard Partners, Inc. Partner. The Firm specializes in all aspects of governmental advocacy with particular emphasis on matters before the executive and legislative branches of government. Office of Congressman Matt Gaetz Chief of Staff. Assembled the legislative operation, administrative structure and communications protocol in both Washington D.C. and the District office. Constructed and implemented strategies for attaining committee assignments and served as chief strategist for legislation and policy matters. Presidential Transition Team Appointments team. Assisted fulfillment of approximately 4,000 politically appointed positions. Specialized in the Departments of Defense, Veterans Affairs, Armed Services and intelligence community appointments. Office of Congressman Jeff Miller Chief of Staff/Communications Director. Managed and directed a multi -faceted Congressional office. Strategic manager of all legislative, administrative, and communications operations, including two Florida -based offices and the Washington, D.C. office with 20 employees and an annual $1.5 million budget. Campaign of Jeff Miller for Congress Campaign Manager. Directed all campaign personnel, fundraising, media and public relations, issue and opposition research, volunteer recruitment and strategy. 201Page EXPERIENCE. DEDICATION. RESULTS. May 2000- August 2000 December 1996 - May 2001 March 1998 - August 1998 July 1996 - December 1996 October 1994 — July 1996 EDUCATION: BALLARD PARTNERS Campaign of Joe Scarborough for Congress Campaign Manager. Directed all campaign personnel, fundraising, media and public relations, issue and opposition research, volunteer recruitment and strategy. Office of Congressman Joe Scarborough Legislative Director/Deputy Press Secretary. Directed the transition and assisted in the U.S. Senate confirmation of the Director of the Office of National Drug Control Policy. National Republican Congressional Committee Senior Field Analyst. Consultant to Congressional candidates, primarily in the Deep South and Ohio River Valley areas. Campaign of Joe Scarborough for Congress Campaign Manager. Directed all campaign personnel, fundraising, media and public relations, issue and opposition research, volunteer recruitment and strategy. First National Life Insurance Company Marketing Manager. Managed a seven -person marketing department, implementing a comprehensive marketing strategy for 8,000 health agents in 38 states. Developed the company's government relations program. The University of West Florida Masters of Public Administration, 1998 University of Florida Bachelor of Arts in Political Science, Minor Mass Communications, 1994 PROFESSIONAL National Rifle Association AND CIVIC Chief of Staff Association ORGANIZATIONS Ducks Unlimited Republicans Associated for Mutual Support (RAMS) Republican Communications Association (RCA) Past President — University of Florida Alumni Association of Greater Washington D.C. Past Regional Vice President — UFAA Board of Directors Board Member, Florida State Society of Washington, D.C. 211Page EXPERIENCE. DEDICATION. RESULTS. Residence: 1324 Maryland Avenue NE Washington, D.C. 20002 202.262.5620 PROFESIONAL HISTORY: March 2021 - Present January 2017 - March 2021 TOLA THOMPSON BALLARD PARTNERS Office: 601 13th Street NW, Suite 250S Washington, D.C. 20005 202.800.5620 Ballard Partners, Inc. — Washington, DC Partner. The firm specializes in all aspects of governmental advocacy with particular emphasis on matters before Florida's Executive and Legislative branches of state government. The firm also provides client representation before the U.S. Congress and federal agencies. U.S. House of Representatives — Washington, DC Chief of Staff. Served as the chief policy and political advisor to a very active and engaged Member of Congress. Managed and directed the daily operations of the congressional office in Washington, and the District, by supporting the continuous delivery of excellent constituent services and care. August 2008 - Florida Agricultural and Mechanical University — Tallahassee, FL January 2017 Assistant VP & Director of Governmental Relations. Advanced the university's interest before state, federal, and local legislative and executive agencies. Successfully secured over $251 million in new funding from federal and state sources. Worked with local and state government leaders to create a new branch campus for the FAMU College of Pharmacy in Crestview, Florida. Developed and maintained beneficial relationships with key policy makers and their staffs. Produced written testimony and public statements for University President, Trustees, and other senior -level administrators. August 2002 - August 2007 Black Alliance for Educational Options — Washington, DC Communications/Public Affairs Director. Designed and implemented a communication strategy to build awareness of BAEO both nationally and in local communities around the nation. Handled daily media inquiries, speechwriting, pitching, created monthly newsletter for BAEO members and funders, maintained website and other tasks while 221Page EXPERIENCE. DEDICATION. RESULTS. January 1993 — January 2003 BALLARD PARTNERS meeting tight deadlines. Worked with a set of strategic partners to pass new school choice laws in five key states legislatures - OH, PA, FL, LA, & MI. U.S. House of Representatives — Washington, DC Communications Director/Sr. Legislative Assistance. Primary media contact for a senior member of the House Appropriations Committee. Cultivated relationships with Washington, DC, Miami, Florida, and national press. Managed a multi -issue legislative portfolio that included tele-communications, education, labor, health, and agricultural appropriations. My efforts resulted in 48 favorable page 1-A stories in the Miami Herald and favorable profiles in the Wall Street Journal and New York Times. Worked as part of a team that crafted the first major HIV/AIDS grants program for minority communities, resulting in $168 million in new funding. Led inter -governmental work group that won a federal grants competition to establish a new 400-student Jobs Corps Center on the site of the former Homestead Air Force Base in Florida. EDUCATION: Bachelor of Science: Journalism, Public Relations Florida Agricultural and Mechanical University — Tallahassee, FL ACTIVITIES AND Tallahassee International Airport Board June 2016 -present Florida HONORS: Association of Professional Lobbyist May 2010 — Present (Maintains the associations' Designated Professional Lobbyist (DPL) credential.) Tallahassee Chamber of Commerce Board March 2007 — June 2009 23 1 P EXPERIENCE. DEDICATION. RESULTS. Residence: 1066 Thomas Jefferson St. NW Washington, D.C. 20007 443.995.9171 PROFESSIONAL HISTORY: January 2020 - Present May 2017 - January 2020 May 2017 - Jan. 2017 HUNTER MORGEN BALLARD PARTNERS Office: 601 13th Street NW, Suite 250S Washington, D.C. 20005 202.800.5620 Ballard Partners, Inc., Washington, D.C. Partner. Manages lobbying efforts for a diverse portfolio of clients. Interfaces with clients and developed customized Federal government affairs strategies. Coordinates fundraising efforts with PAC's, Congressional candidates, as well as other fundraising vehicles. Develops and executes business development strategy. The White House, Washington, D.0 Special Assistant to the President and Senior Advisor for Policy & Strategy. Office of the Senior Advisor for Policy/Office of Trade & Manufacturing Policy. • Served as principal deputy to Stephen Miller and Peter Navarro on immigration and trade policy matters. • Directed the Administration's efforts on trade including Buy American/Hire American by drafting executive orders, legislation, and regulations. • Directed the Administration's efforts on immigration policy including drafting executive orders, legislation, and regulations. • Oversaw a team of five subject matter experts. • Planned various Buy American themed events for the White House including the Buy American showcase and the Buy American month celebration. • Architect of the administration's efforts to withdraw/reform the Universal Postal Union. U.S. Department of State, Washington, D.C. Policy Advisor. Office of Policy Planning. • Created briefing papers for the Secretary of State on issues pertaining to Africa. • Drafted talking points for the Secretary of State for various meetings and events, including the G-20 Summit. 241Page EXPERIENCE. DEDICATION. RESULTS. January 2017 - January 2017 November 2016 - March 2016 EDUCATION: BALLARD PARTNERS • Approved and provided edits for policy memos to the Secretary of State. Presidential Transition Team, Washington, D.C. Policy Advisor. Buy American/Hire American Team Lead. • Worked collectively to create Executive Orders and Presidential Memoranda for the Buy American/Hire American Task Force as well as the national security policy implementation team. • Directed and delegated tasks to the Buy American/Hire American team of 15-20 people from various disciplines. • Collaborated on the policy implementation guide, which outlines day 1-200 action plans for the administration pertaining to the campaign platform in the areas of national security and foreign policy. • Crafted briefing papers for the President Elect and Vice President Elect's calls with leaders of foreign nations. Donald J. Trump For President 2016, New York, NY Policy/Speechwriting Assistant. • Created one -page talking points for candidate use in rallies. • Researched local/national statistics and information for use in policy speeches and rallies. • Coordinated responses to inquiries from members of the press on Mr. Trump's policy positions. • Drafted Op-ed pieces for release after major endorsements or policy announcements. RIDER UNIVERSITY, Lawrenceville, NJ Degree: Bachelor of Arts Major: Political Science Minor: Political Communication BOARDS AND COMMISSIONS: Member of the Presidential Council on Improving Federal Civic Architecture 251Page EXPERIENCE. DEDICATION. RESULTS. ORGANIZATIONAL CHART: Jose Felix Diaz Executive VP/ Managing Partner, Miami BALLARD PARTNERS Brian Ballard will oversee the Firm's advocacy efforts on behalf of the City in Washington, D.C. His primary focus will be to advance the identified agenda with key legislative local and federal leaders, respective committee chairs, executive agencies, and the Administration. Jose Diaz, Dan McFaul, Tola Thompson and Hunter Morgen will be the City's liaisons in Washington and will handle the date -to -day responsibilities in advancing the City's cause, coordinating, and attending meetings with members and staff of the respective House and Senate committees as well as various federal agency officials, the Office of the President assuring there is always a clear understanding of how the Firm is advancing your agenda. The Firm's federal team's primary focus will be to advance the City's agenda with key House, Senate and Administration leadership, respective committee chairs and executive agencies as the agenda dictates. Our D.C. team, with decades of experience, is unparalleled in their experience in the Capitol. Their proficiency and expertise in navigating the ins and outs of Washington will be a distinct advantage to the City. 261Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS 6. PROPOSED APPROACH TO PROVIDING THE SERVICES We are passionate, persuasive advocates who maximize results for the clients we serve. We have reviewed the City's Scope of Work in Section 3.1 and are confident that Ballard Partners can provide the meaningful, comprehensive representation required to advance the City's projects, policies, and programs at the federal level. We represent an extensive client list and we have been privileged to represent a number of diverse clients for over two decades, working in partnership to achieve many successes. The focus of the Firm's services includes the advocacy for passage and defeat of legislation, policy, and appropriations relevant to the client. These accomplishments require our lobbying team to work closely with House and Senate leaders, budget chairs, key congressional members and their staff, and the White House. We believe that a team approach allows us to provide quality service to our clients with the flexibility, communication, and transparency necessary to respond to issues quickly and efficiently, and to be accountable to our clients. The team will work in partnership to maximize their collective skills and relationships across all levels of government in realization of the City's obj ectives. The team will work with City personnel to outline specific project goals and priorities. Once priorities and goals are established, we will assist the City in developing the annual legislative agenda. We will then develop and communicate an approach for accomplishing those legislative, budgetary, and policy needs. We will immediately begin to implement the strategy by identifying and working with key legislators and legislative committee staff. We will also maintain an active and ongoing engagement with appropriate local leadership, as well as key committee chairs, key policymakers, and staff of the legislative and executive branches. We will communicate any potential conflicts of interest that may arise. We are well -versed in the appropriations process and have demonstrated success in this area year after year. Our team will assist the City with their annual budgetary requests as part of the overall legislative agenda and will provide support in obtaining House and Senate support from legislative "Champions" and following the process all the way through to the Executive Office of the President. We will facilitate meetings with key members of relevant agencies as well as with Congressional leadership and the Executive branch to communicate the interests and priorities of the City. The Firm will assist the City in developing and strengthening relationships with leadership on all levels in Washington D.C. 271Page EXPERIENCE. DEDICATION. RESULTS. BALLARD PARTNERS The team is well -versed in the political arena and can effectively advocate for the City. Client communication is critical in the process as issues may evolve and change quickly. As well as frequent informal communications, the Firm will provide periodic written progress reports, as agreed upon, on issues of interest or concern to the City. We will provide updates, to include the City's preferred content such as bill numbers, authors, subject, status, amendments, and evaluations of potential impacts of pending bills that are pertinent to the interests of the City. We will provide the required monthly reports, along with any supplemental reports, each with varying degrees of detail, all at the discretion of the City's needs, to enumerate our advocacy activities and outcomes on behalf of the City. [REMAINDER OF PAGE INTENTIONALL YY LEFT BLANK] 281Page EXPERIENCE. DEDICATION. RESULTS. ATTACHMENTS BALLARD PARTNERS 29 City of Miami Solicitation RFQ 1790386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (1) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Ballard Partners, Inc. ADDRESS: 201 East Park Avenue, 5th Floor, Tallahassee, FL 32301 PHONE: 850.577.0444 EMAIL: ballard@ballardpartners.com SIGNED BY: FAX: 850.577.0022 CELL(Optional): TITLE: President DATE: June 5, 2024 FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 3 5/1/2024 3 02 PM P. 5 City of Miami Solicitation RFQ 1790386 Certifications Legal Name of Firm: Ballard Partners, Inc. Firm's Federal Employer Identification Number ("FEIN"): 59-3499504 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1998 Office Location: City of Miami, Miami -Dade County, or Other Tallahassee, FL, Coral Gables, FL, and Washington D.C. Business Tax Receipt/Occupational License Number: BT-0025013182 Business Tax Receipt/Occupational License Issuing Agency: Miami -Dade County and City of Coral Gables Business Tax Receipt/Occupational License Expiration Date: September 30, 2024 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1 and Addendum No. 2 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services Page 3 of 3 5/1/2024 3:02 PM p. 6 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. Proposer acknowledges. 5/1/2024 3:02 PM 11 7 RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Ballard Partners, Inc. Reference Section Summarized Requirements: Refer to the details in Section 2.10, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: City of Pensacola Address: 222 W. Main Street, Pensacola, FL 32502 Contact Person: D. C. Reeves, Mayor Contact Phone Number: 850-435-1625 Contact E-mail (if applicable): dcreeves@cityofpensacola.com Date of Contract or Sale: 3/1/2018-current Past Performance Reference Check #2 Company/Organization Name: Miami -Dade Public Schools Address: 1450 N.E. Second Avenue, Miami, Florida 33132 Contact Person: Tabitha G. Fazzino, Ed.S. Contact Phone Number: 305-995-1206 Contact E-mail (if applicable): tfazzino@dadeschools.net Date of Contract or Sale: 7/1/2017-current Past Performance Reference Check #3 Company/Organization Name: City of Winter Haven Address: 451 Third Street NW, Winter Haven, FL 33881 Contact Person: T. Michael Stavres Contact Phone Number: 863-291-5600 Contact E-mail (if applicable): mstavres@mywinterhaven.com Date of Contract or Sale: 2/22/2021-current Attu of 4 i�xmt ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Ballard Partners, Inc. DATE: June 5, 2024 ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al. This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E — Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Ballard Partners, Inc. DATE: June 5, 2024 EXPERIENCE. DEDICATION. RESULTS. 2. TABLE OF CONTENTS BALLARD I PARTNERS 1. Cover Page 1 2. Table of Contents 2 3. Executive Summary 3 4. Proposer's Relevant Experience, Qualifications and Past Performance..... 5 5. Relevant Experience and Qualifications of Key Personnel 10 6. Proposed Approach to Providing the Services 27 Attachments 29 Attachment A: Certification Statement Attachment B: Reference Submittal Form Addendum No. 1 Addendum No. 2 City of Miami, Florida RFQ 1790386 Federal Lobbying Services Submitted on June 5, 2024, before 5 PM Submitted bv: Becher beckerlawyers.com King & Spalding Becker's FEIN Number: 59-1640708 King & Spalding's FEIN Number: 58-0520153 Omar Franco, Senior Director, Team Lead ofranco(aabeckerlawyers.com; (202) 731-3401 Clarence Williams, Senior Government Relations Consultant clwilliams(a,beckerlawyers.com; (202) 725-8770 Amanda Wood, Senior Federal Advocacy Director awood(a)beckerlawvers.com; (202) 207-6863 Anthony Bedell, Senior Corporate & Government Relations Director abedell(a»beckerlawyers.com; (202) 621-7122 Perry S. Adair, Attorney at Law psadair(aaheckerlawvers.com; (786) 972-9704 Jose Keichi Fuentes, Senior Corporate & Govt. Relations Director, Local Liaison jfuentes(a,beckerlawyers.com; (305) 262-4433 Kendrick B. Meek, Subcontractor, King & Spalding kmeek(a)kslaw.com; 305 462 6022 Washington, D.C. Miami -Dade 1275 K Street, N. W. 2525 Ponce de Leon Blvd Suite 850 Suite 825 Washington, D.C. 20005 Coral Gables, FL 33134 0: 202.621.7122 F: 202.330.5464 0: 305.262.4433 F: 305.442.2232 City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker TABLE OF CONTENTS Executive Summary 1 Proposer's, Relevant Experience, Qualifications. and Past Performance 3 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 36 Proposed Approach to Providing the Services 52 Appendix 62 Certification Statement 62 Business Tax Receipt 64 Addendum No. 1 65 Addendum No. 2 66 Attachment B, Reference Submittal Form 68 Senator Marco Rubio's Letter of Support for The Underdeck 69 Congresswoman Maria Elvira Salazar's Letter of Support for Auburndale Flood Improvements 70 Congressman Mario Diaz-Balart's Letter of Support for Marked Police Cruisers 71 Congresswoman Maria Elvira Salazar's Letter of Support for Marked Police Cruisers 72 Senator Marco Rubio's Letter of Support for the SAFER Grant Program 73 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Executive Summary A signed and dated summary of not more than two pages containingProposer's overall Qualifications, Experience & Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. June 5, 2024 Since 2022, the Becker/K&S Federal Lobbying Team has had the privilege of advocating and addressing important issues regarding legislation, services, and funding on behalf of the City of Miami. In just two short years, we have seen tremendous success already including the $60 million USDOT Reconnecting Communities and Neighborhoods (RCN) Grant for the Underdeck and over $10 million in FY24 through earmarked funding. The Becker/K&S team truly looks forward to the opportunity to continue working together. Today's political environment, including divided government in Washington, D.C., the return of congressionally directed spending, and substantial new federal funding opportunities for local governments, makes having a strong federal lobbying presence more important than ever. As longtime residents and business leaders in Miami -Dade, the Becker/K&S team takes great pride in the City of Miami's bold vision and proven leadership among communities nationwide. We are ready to continue strengthening the City's relationships with influential lawmakers, pursuing needed policy changes, and securing new funding sources. Qualifications and Experience Becker ("Becker or "the Firm") is a home-grown, multi -state law and lobbying firm with 145-plus lawyers, lobbyists, and professional staff (including many who live in the City of Miami). Firm members actively participate in local charitable, civic and professional organizations. Becker's Washington D.C.-based federal lobbying team includes veteran political professionals from Miami who worked for several South Florida Members of Congress. Becker's local knowledge of Miami's unique needs combined with our bipartisan, diverse team of experienced D.C. lobbyists offers the City an unbeatable opportunity to leverage Capitol Hill and White House/Administration relationships through their in-depth personal knowledge of the legislative, appropriations, grant, and rule -making processes. Becker is at 1275 K Street, N.W., Suite 850, Washington, DC. Lead lobbyist Omar Franco can be contacted at 202.731.3401 or 202.621.7122 or ofranco@beckerlawyers.com. Becker is also pleased to be partnering with the King & Spalding ("K&S") team as a subcontractor. They bring concrete government relations know-how, experience and relationships built over decades as one of Washington's most influential lobbying practices. Their team has close relationships on Capitol Hill and with many state legislatures and are uniquely positioned to provide consistent monitoring and analysis of potential legislation affecting the City. Clients value their advocacy experience due to their proven track record and prior government experience with the agencies that develop or administer funding policies. No Learning Curve Representing local governments in Washington, D.C. is a specialty of the Becker/K&S lobbying team. 1 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Simply put, there is no learning curve. Becker/K&S lobbyists understand municipal issues and the unique public nature of representing local governments. Our existing clients include the City of Miami and similar -sized cities and counties with similar priorities, and we are already familiar with the relevant agencies, committees, and allied national and regional organizations. Known as a municipal lobbying firm, Omar and the team work closely with national municipal advocacy groups such as the National League of Cities, the US Conference of Mayors, and other local government allies. Local Presence We are local. Local liaison Jose Fuentes and other team members hold leadership positions in organizations such as the Greater Miami Chamber of Commerce, Miami -Dade Beacon Council, United Way of Miami -Dade, United HomeCare Services, and others. Becker team members are up-to-date on the City's projects and we understand your priorities: affordable housing, public safety, water quality, infrastructure, community development, broadband projects, pedestrian safety, road construction, transportation improvements, specifically, how to access transportation and traffic funding infrastructure grants. Additionally, we have specific expertise in smart growth, economic development, workforce training, housing, and homelessness. Technical Qualifications Team leader Omar Franco, a Miami -Dade native, has been lobbying for Florida's local governments since 2009 when he left his position as Chief of Staff for Representative Mario Diaz-Balart. Clarence Williams, also from South Florida, served as Chief of Staff for former Miami Representative Kendrick Meek. Amanda Wood is the former Legislative Director to former Florida Senator Bob Graham. Anthony Bedell served as the U.S. Department of Transportation (USDOT) Deputy Assistant Secretary for Congressional Affairs, the number two governmental affairs position in Secretary Elaine L. Chao's Office. Jose K. Fuentes, a Miami resident with 40+ years of experience working in Miami -Dade, has represented the City as Becker's lead state lobbyist since 2016. The K&S team brings well-known figures in public policy advocacy, each with decades of experience at the highest reaches of government, including two former U.S. Congressman from Florida, Kendrick Meek and Ander Crenshaw, as well as Tom Spulak, and Allison Kassir. Added Value to the City of Miami In sum, our active local presence in Miami, deep Florida roots, and extensive lobbying experience representing local governments in Washington, D.C. (and Tallahassee) provide a tangible advantage over traditional D.C. lobbying firms. Becker/K&S also distinguishes itself by including a local liaison who already serves as the City's state lobbyist. Miami resident Jose Fuentes is keenly aware of the City's priorities and available for local meetings. We are ready to continue working for Miami! Thank you for your consideration. We stand ready to continue providing vigorous representation and consider it a privilege to do so. Sincerely, ahodetateo Omar Franco, Lead Lobbyist ofranco@beckerlawyers.com; P: 202.731.3402 Senior Director, Washington D.C. Office 2 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Proposer's, Relevant Experience, Qualifications. and Past Performance 1. Describe the Proposer's experience and past performance, in general, and state the number of years that the Proposer's firm has been in existence. Discuss the history and background of the organization, its owners/officers/principals, total number of employees and primary markets served. Becker & Poliakoff (Becker) has been in business since 1973 and was founded in Miami -Dade. Today, the firm includes 145 lawyers, lobbyists, and professional staff in 18 offices across Florida, New Jersey, New York, and Washington, D.C. Becker represents clients in practices areas including Government Law & Lobbying, Business Litigation, Community Association, Construction Law & Litigation, Corporate, Public, Private Partnerships (P3), Real Estate, and Trusts & Estates. The firm employs 336 people primarily serving the markets of Florida, New York, New Jersey, and those doing business with the Federal Government in Washington, D.C. Becker is a Florida corporation owned by its shareholders. The officers of the company are Gary C. Rosen (President), Steven B. Lesser (Secretary), and Allen M. Levine (Treasurer). Gary, Steven, and Allen, along with five other shareholders, make up the firm's management committee. The management committee sets the strategic direction and oversees the management of the firm. The committee sets the tone for the firm's culture of collaboration, inclusion, and innovation. Becker is committed to providing a safe, sustainable, and balanced work environment. The firm is considered one of Florida's most prominent homegrown firms. Law firm rankings such as Chambers USA; Super Lawyers; Best Lawyers; Florida Trend's Legal Elite consistently recognize Becker for professional excellence. All lawyers are in good standing with their state's bar association and our lobbyists are registered as appropriate. Government Law and Lobbying has been a core practice area within the firm for more than thirty years. The majority of our lobbying clients are public entities such as cities and counties, non -profits, and educational institutions. For each of our clients, our goal is to assist with the coordination, development, and ultimately, the success of its legislative program by providing the highest quality, professional, and experienced lobbying services. Our close working relationships with legislative and executive branch leaders, along with our extensive network of contacts and deep knowledge of your priority issues, will allow us to provide the City with highly specialized, integrated, comprehensive lobbying representation. Becker has maintained a highly visible and active law and lobbying presence in Miami -Dade since its founding, including strong civic involvement with Miami-Dade's legal, business, and political communities. Our Miami roots and ongoing leadership in community organizations such as the Greater Miami Chamber of Commerce, Miami -Dade Beacon Council, United Way of Miami -Dade, and United HomeCare Services make this representation personal for us. This is our hometown. We take great pride in helping the City demonstrate its leadership in the halls of Congress and Washington, D.C. 3 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Firm Organizational Chart Gary C. Rosen (President) Managing Shareholder Management Committee Steven B. Lesser (Secretary) Allen M. Levine (Treasurer) Joseph E. Adams Rosa de la Camara Yolanda Cash Jackson I VictorJ. DiGioia David G. Muller Practice Community Association Kenneth S. Direktor Construction Law & Litigation Steven B. Lesser Public, Private Partnerships (P3) Lee A. Weintraub Corporate Victor!. DiGioia Groups Business Litigation Allen M. Levine Real Estate Jennifer Bales Drake Trust & Estate Planning, Probate Government Law & Lobbying Bernie Friedman State Yolanda Cash Jackson Corporate Headquarters 1 East Broward Blvd Suite 1800 Ft Lauderdale, FL 33301 0: 954-987-755 F: 954-985-4176 www.beckerlawyers.com Federal Omar Franco Department Heads Professional Development Human Resources Marketing Information Technology Financial Services Administration Local Bernie Friedman Office Addresses Washington, D.C. 1275 K Street, N.W. Suite 850 Washington, D.C. 20005 0: 202-621-7122 F: 202-330-5464 Miami -Dade 2525 Ponce de Leon Blvd Suite 825 Coral Gables, FL 33134 0: 305-262-4433 F: 305-442-2232 4 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker The Washington, D.C. federal lobbying practice began in 2011 with Senior Director Omar Franco. A former Chief of Staff for Miami's own Rep. Mario Diaz-Balart, a senior member of the House Appropriations committee and it's Transportation, Housing & Urban Development (THUD) subcommittee, Omar leads the D.C. office and will continue to lead the City's federal lobbying team. The federal lobbying team includes an experienced, bipartisan, bicameral, diverse powerhouse team of former congressional and executive branch political appointees, along with former in-house corporate lobbyists. They use their collective knowledge of local, state, and federal government programs to represent dozens of cities, counties, universities, trade groups, private businesses, and transportation authorities, law enforcement, and others, in Congress and with the Executive agencies. We are most proud of our long-standing clients, many of whom have been with us for 10+ years. Palm Beach County, Sarasota County, Collier County, City of Cape Coral, Town of Davie, and others have renewed our contract multiple times despite leadership changes and challenging economic times. Their confidence in our value reflects the Becker team's commitment to ongoing and consistent communication, tireless work ethic, and a consistent return on investment. We pride ourselves on providing highly customized, personal attention to clients, offering creativity and resourcefulness in accomplishing clients' goals, and demonstrating a significant return on investment ("ROI") in federal dollars. We appreciate our many longtime clients that renew year after year in recognition of our hard work, and successful track record. There is no better proof of our team's effectiveness and success for local governments than the longevity of our many multi- year public sector lobbying clients. Your Lobbying Team Becker has carefully cultivated its team's growth to maintain the Firm's fundamental commitment to diversity, camaraderie, and excellence. The Becker team uses its combined years of lobbying experience, knowledge, relationships, and expertise to implement our clients priorities. We represent over a dozen cities, counties, and other local government agencies. A few of our municipal clients include Alexandria and Virginia Beach, Virginia and Cape Coral, Davie, and North Miami, Florida. County clients include Hennepin County, Minnesota, Palm Beach, Collier, Sarasota, Okeechobee, and Volusia counties in Florida, Broward Sheriff's Office and Broward Metropolitan Planning Organization, and the Virginia Port Authority. The federal lobbying practice provides clients with the best of both worlds: a small boutique hands-on lobbying group with a large law firm's resources and power. City officials are welcome to use our D.C. office when visiting the nation's capital. Omar Franco will continue to lead the Miami team and be your primary contact. He will handle client communication, overall strategic direction, and execution of the agreed -upon workplan. You have Omar's cell phone number and speak to him regularly about strategy and the status of the City's priorities. Veteran lobbyists Clarence Williams, Amanda Wood, Anthony Bedell, and Perry Adair will assist. Jose Fuentes, Becker's lead state lobbyist for the City, will serve as our local liaison. Each 5 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker member of the federal lobbying team has 15+ years of experience in politics, policymaking, and lobbying. Subcontractor King & Spalding Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad and diverse range of clients, including half of the Fortune Global 100, with over 1,300 lawyers in 24 offices in the United States, Europe, the Middle East and Asia. Led by Chairman Robert Hays, the firm represents hundreds of clients with new ventures and mid -sized companies in emerging industries. King & Spalding helps leading companies and government entities advance complex business interests in more than 160 countries. Working across a highly integrated platform, they deliver tailored commercial solutions through world -class offerings and an uncompromising approach to quality and service. Their Government Advocacy & Public Policy (GAPP) team advances the goals of corporations, associations, governments, and other organizations by understanding their interests, applying practical governmental and political experience, and leveraging bipartisan relationships to ensure clients maximize their exposure and influence in Washington. Clients value their advocacy experience due to their proven track record and prior government experience with the agencies that develop or administer funding policies. This type of experience provides valuable, hands-on insight into this highly specialized area of law. K&S has extensive experience advocating across a range of issues and has had considerable success on behalf of their clients. The GAPP team has close relationships on Capitol Hill and with many state legislatures and are uniquely positioned to provide consistent monitoring and analysis of potential legislation affecting the City. They employ both software tracking and political intelligence to identify and report on key legislative developments. K&S works with counsel to map out a comprehensive commercial and legal strategy for selecting target states or legislation to monitor, identify industry allies, provide analysis, explore potential challenges, and assess the scope and timing of political engagement. They also have former congressional investigators and lawyers with decades of experience in providing strategic counsel for responding to congressional committee requests and subpoenas, preparing for high -profile hearings and guiding clients through the unique challenges presented by congressional and parallel government investigations involving significant legal, public relations, and political risks. 2. Describe Proposer's specific past performance and experience in relation to the services requested herein, to include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience, including the use of any subconsultants and their role in any engagement(s) of the Proposer. Miami is at a pivotal juncture. It is well -positioned to continue demonstrating its leadership in resiliency, economic development, mobility, and smart growth. The City has already made significant investments in sea level rise and flood prevention, roadways, parks, and cultural facilities, public safety, and affordable housing. 6 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker The Becker team is especially proficient in helping local government clients secure federal funding through the Congressional appropriations process and agency grant funding as evidenced by our recent successes for the City. Our lobbying team members are diverse and bipartisan which enables us to work successfully on both sides of the aisle, with various caucuses and agencies. A few keys to our success include carefully and selectively identifying priorities, researching opportunities, activating political allies and champions, elevating the City's profile, and matching local issues to federal priorities has proven to be a winning formula. We already know the issues, funding streams, and programs impacting city governments. We know the committee staff and elected leaders on the relevant committees and critical agency personnel at the relevant executive agencies. Like Miami, diversity and inclusion are the hallmarks of the team's success. Our political, geographic, gender, and ethnic diversity opens doors to diverse lawmakers. It provides opportunities for the City to get to know decision -makers from all over the country in meaningful roles relating to City issues. Transportation The Becker team has devoted considerable time and garnered much success working with the US Depaituient of Transportation on transit issues, from buses and first/last mile solutions, highways, and right-of-way funding to infrastructure investments at airports, ports, transit, and intermodal transportation. Through Becker lobbyist Anthony Bedell's expertise and contacts, from his years working at the highest levels of USDOT, we can continue assisting Miami with meeting and exceeding its federal funding goals for projects to facilitate transportation and economic development. Our connections in Congress, USDOT, and specifically at the Federal Transit Administration (FTA) help the City find innovative, little-known funding streams and create partnerships to assist with the City's transportation needs with a direct nexus to economic growth. Specifically, to support legislative initiatives that would increase local government access to cost-effective funding and government - backed low -interest loans and private capital for priorities including transportation and water infrastructure. With this in mind, we assist the City with numerous road/highway/transit infrastructure projects through the bipartisan infrastructure bill. IIJA has billions for bridges, highways, surface streets, pedestrian safety, rail crossings, safe streets, SMART cities, mass transit and other related projects. Municipalities have geared up quickly and politically to apply for funding. Federal investments in transportation infrastructure, like the $60 million for the Underdeck, can be game -changers. Our greatest successes have been when we successfully elevated our client's priorities to high-level decision -makers and used demographic and economic data to demonstrate the need. We have also built and led regional coalitions to show regional economic impact and secure broad political support. Becker Client Successes: Transportation policy & funding is a Becker specialty due to lobbyist Anthony Bedell's high-level experience at USDOT and the success of our local government clients seeking transportation project funding through Member outreach and collaboration. 7 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ Secured the Reconnecting Communities and Neighborhoods (RCN) Grant for the City of Miami, the City of Jacksonville, and Broward Metropolitan Planning Organization (MPO). For each project, we worked closely with Mohsin Syed the Chief of Staff for the Secretary of Transportation, Pete Buttigieg. The City of Miami received $60,353,730 for the Underdeck to transform the barrier of the original highway by integrating a 33-acre public open space and mile -long trail system below I-395. The Becker team secured this historic win for the City by working with Senator Marco Rubio and securing a support letter that was repeatedly sent to the DOT. We have included a copy of this letter under the Appendix. The City of Jacksonville received $147,089,058 for the Emerald Trail which will reconnect disadvantaged communities that are divided by Interstate 95 (I-95) and mitigate negative environmental and socioeconomic impacts caused by this burdening highway. Broward MPO received $1,500,000 for Connect FTL to improve five highway -rail grade crossings of roadways with the Florida East Coast Railroad (FEC) by tunneling under the railroad to improve pedestrian and cycling connections between the majority -Black west side of Fort Lauderdale, and the wealthier east side. ✓ For the City of Miami, we secured $1,000,000 for drainage improvements, wider roadways, and new and safer sidewalks and crosswalks. ✓ For the City of Alexandria, the Becker team assisted in securing nearly $24 million in funding for the Low -No Grant Program as part of DASH's transition to a 100% zero- emissions fleet. We also secured $1,000,000 for the City to establish the Smart Mobility Lab (SML) and invest in initial research and technology development where gaps exist to attract and leverage industry engagement. Some smart mobility technologies that may be deployed in the SML include: a data exchange system for integrating data from various systems deployed in the SML while providing security and appropriate access for research and development opportunities; smart intersection solutions that identify conflicts and improve vulnerable road users' safety; adaptive lighting on roadways that adjust with changing weather conditions and traffic; implementation of customizable features (like real-time red light patterns changes) to accommodate traffic flow; and the analysis and creation of mobility hubs to connect multiple modes of transportation and make commuting easier. ✓ For the Virginia Port Authority, the team has secured a total of $107.1 million in funding through various grants (New Start, Port Infrastructure Development grant, Federal Highways grant) in our first year of representation. VPA is an excellent example of a politically creative strategy is the team's recent success using a regional approach and economic data to demonstrate the multi -state economic impact of the Port's expansion. We leveraged the teams' collective contacts and expertise in economic development to illustrate job creation and retention. We would happily share examples of how we coalesced as a multi -state coalition to support the Port's funding requests. ✓ The Norfolk Airport Authority, a former Becker client, secured $33 million over five years in infrastructure money from the IIJA. ✓ Collier County's primary focus has been on transportation infrastructure funding, water quality and water infrastructure, disaster funding, beach erosion, shore renourishment, FEMA reimbursements, and national flood insurance program stabilization. Collier has achieved significant funding and legislative success, including $13 million in USDOT TIGER Grant funding for transportation infrastructure for Collier County. This highly competitive grant was won on a re -application following a high-level debrief with USDOT and outreach from the entire delegation, 8 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker including then -House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R- FL). We worked closely with USDOT's Office of Intergovernmental Affairs to win Collier County's significant win. ✓ For Collier County, the team helped achieve $9+ million to purchase new buses and rehabilitate its existing operations and maintenance building. We proactively helped Collier officials design a project aligned with the grant requirements and our knowledge of FTA's priorities. ✓ Collier County also secured millions for transportation infrastructure to support improvements to two critical interchanges on I-75 at Everglades Boulevard and Collier Boulevard/S.R. 84. These improvements were critically needed to provide access to safe evacuations from storms and fires as significant growth continues in Collier County. Over the years, we have won millions in funding for various clients' roadways, bridges, traffic control, and pedestrian safety. The FY24 appropriation bills include funding for transportation projects in highway, street, roadway, and sidewalk improvements, bus shelter infrastructure, alleyway drainage, and bus rapid transit. Economic Development We have worked extensively with cities, counties, transit authorities, developers, and investors to facilitate and support programs to attract and retain businesses and workforce talent to a community. Lobbyist Amanda Wood is particularly well -versed and successful in helping their local government clients secure economic development funding and programs that support business and training opportunities. The Becker lobbying team assists its clients with a variety of education and training programs supported by the federal government. Becker represents several higher education institutions in Florida and around the country. Many training programs are connected to economic development programs intended to help local governments through the Departments of Commerce (Economic Development Administration), Defense, Labor, Veteran Affairs, and Education. Becker Client Successes: ✓ Amanda has helped clients such as Davie, Cape Coral, Sarasota, and Collier counties by identifying grants and other funding opportunities through federal agencies. No one knows how to leverage government funding like Amanda. She reviews past grant applications and recommends improvements. She also finds innovative ways to leverage already dedicated city funds for enhancements with federal funding. In Davie, Amanda coordinated technical assistance training for Town staff to effectively and efficiently apply for grants, including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. ✓ Becker represents Florida Memorial University and Bethune Cookman. We have created strategic partnerships for these institutions with the military and other agencies to create skills training programs for future job opportunities. For Florida Memorial University, the Becker team helped secure $1,500,000 for the Entrepreneurship Center which will provide business support services and development to local businesses and other organizations through 9 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker continuing education. It will also provide professional development, industry certifications, and contribute to the economic development and vitality of Fort Lauderdale. ✓ For Sarasota County, we helped secure expedited reconsideration and approval of athlete visas for the World Rowing Championship and support municipal bonds' tax-exempt status. We succeeded in eliminating language in the final tax package that would have impacted bonding for constructing professional sports stadiums for large-scale tourism events. ✓ Another tool in the lobbyist toolbox is organizing site visits in a client's community for federal officials to see projects first-hand. The Becker team masterfully coordinated economic development planning delegations from federal agencies such as USDOT and the Economic Development Agency to tour sites in Volusia County, resulting in technical assistance and planning grants for priority projects. ✓ On behalf of Hennepin County, the Becker team mobilized support from the Minnesota Congressional Delegation and helped the County comment on US Treasury Department rules. The final Treasury rule on the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF) provided greater flexibility in eligible uses for broadband grants, per the comment letter Hennepin submitted to Treasury. ✓ For the City of Virginia Beach, the City needed land to build a school and requested a land conveyance of 2+ acres to the City of Virginia Beach Public Schools of the Oceana Blvd Excess Property. The language approving the conveyance was included in the Department of Defense FY22 Authorization bill, a significant victory for the City. The City of Virginia Beach Public School system wanted to purchase the 2.77 acres from the Navy for additional school bus parking, and the City has needed extra space to house school buses for quite some time. ✓ For the City of Alexandria, the Becker team secured $1,000,000 to fund the construction and implementation of up to two on -route fast chargers which would support charging requirements of a full 100% Zero Emissions Battery Electric transit bus fleet. ✓ Clarence Williams, a member of the Becker's Government Law & Lobbying team, is considered a subject matter expert in economic development and the Opportunity Zone program. He advises several clients, including Enterprise Florida, to promote and maximize Opportunity Zones. Clarence represents Volusia County and has helped Daytona Beach Regional Airport develop airport property in a designated opportunity zone into an innovation park, using the surrounding assets and workforce to generate more and better jobs in the underutilized area. ✓ Clarence Williams advised Enterprise Florida (EFI was the state's de -facto quasi - governmental Commerce Department until the legislature dissolved it in 2023) on utilizing the Opportunity Zone program for not only business development, but housing development as well. For EFI, Clarence was asked to develop a strategy for how the state could best employ support for the state's opportunity zones. Affordable Housing and Homelessness Through the City's initiatives and community partnerships, Miami is helping to transform affordable housing by increasing inventory and changing how the region approaches housing at all income levels. Of course, we know that public safety, infrastructure, parks, pedestrian safety, road construction, and transportation improvements all contribute to safe, stable, affordable housing. Besides bringing additional incentive funding from federal agencies like Housing and Urban Development and the 10 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Economic Development Agency, our team is actively involved and expert in the Qualified Opportunity Zone incentive program. Clarence Williams leads the team to support initiatives to continue developing and expanding opportunity zones in distressed communities. From his time on Capitol Hill, Clarence has a strong relationship with the current HUD Secretary, Marcia Fudge. We work with her office regularly on behalf of Volusia and Hennepin Counties, and several cities. We can also assist with keeping the Low - Income Housing Tax Credit's expansion and the extension of the New Markets Tax Credits. In addition to HUD, there are housing/homelessness assistance programs in several agencies that we regularly work with, including: • Health and Human Services (HHS) • Veterans Administration • Department of Labor • Department of Education In fact, HHS has nearly as many assistance programs as HUD to manage the effects on homelessness on children/runaways, the elderly, the mentally ill, and those suffering from substance abuse. Becker Client Successes: The Becker team has helped several cities and universities with workforce programs to help disadvantaged communities and the homeless get back on their feet. ✓ Secured over $10,000,000 for the City of Miami in FY24 through earmarked funding, including $3,500,000 for the Flagler Affordable Senior Housing project that will develop a newly constructed affordable housing building for the elderly; $2,853,787 for the Allapattah Community Action Elderly Center Renovations project; and $1,700,641 for the Allapattah Childcare Center Renovations project; $1,000,000 for the Little Haiti Youth Center. ✓ The Becker team has successfully worked with Hennepin County to support policy changes that would assist HIV populations with homelessness through HUD. The Emergency Shelter Program for Hennepin County received $500,000 (FY22 Appropriations bill). ✓ For Palm Beach County, the Becker team worked tirelessly with the County to urge HUD to clarify the language within the Fair Housing Amendments Act ("the Act") and its application to sober homes. The courts have applied the Act inconsistently over the years and this has caused a significant burden to be placed upon the states and local governments. This clarification allowed Palm Beach County to pass ordinances to protect the safety of the residents of these homes. ✓ For the City of Alexandria/VA Tech, the Becker team obtained earmark funds for a mobility project to assist disadvantaged communities with transportation needs (through USDOT). ✓ We are currently working with the City of Palatka to obtain a housing voucher to meet their current needs in the community ✓ Our team has proven experience with HUD Formula Programs, despite being slashed in the President's budget request; we helped achieve full -level funding levels for both the Community Development Block Grants (CDBG) and the HOME Investment Partnership (HOME) programs in the HUD budget for Sarasota County. 11 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ Clarence Williams has successfully worked with Rep. Posey's office to help get a Brevard Work Program Project that was held up moving with the Army Corps of Engineers. Additionally, he worked in coordination with the office to ensure the County's eligibility to use pandemic funding through its CDBG allocations for its Emergency Operations Center, for which the County was able to obligate $6.75 million. ✓ Volusia County was one of 16 counties impacted by hurricane damage. We worked with Volusia to secure $328.9 million in direct grant funding through the CDBG Disaster Response funding for restoration, mitigation, and economic development. HUD officials wanted to be sure that funds would go directly to local government as quickly and efficiently as possible. ✓ To support Collier's recovery from Hurricane Ian, the Becker team helped organize and coordinate the Florida delegation's bipartisan efforts to extend the 100% cost share for debris removal approved by President Biden. Our lobbyists worked closely with Collier County officials to develop and present detailed information regarding costs incurred and ongoing needs. These efforts continued with Florida members helping to secure a direct allocation of HUD Community Development Block Grant Disaster Recovery Funding. The Becker team's ability to facilitate ongoing communication between HUD, Collier County, and our allies in Congress was key to our efforts. ✓ The Becker team helped secure $500,000 for the Pendleton Housing Project in the City of Alexandria. ✓ The team secured an $850,000 earmark for the Urban League of Broward County - Village of Oakland Park. This will create a sustainable energy -efficient mixed income housing development that encompasses multigenerational residents. This project will alleviate the burden of housing affordability for families ranging from 30% to 120% average median incomes (AMI) in Broward County. The master plan of this development encompasses nineteen acres of housing units ranging from apartments and townhouses with both rental and ownership options. Emergency Preparedness & Disaster Relief The Becker team regularly engages with FEMA for our local government clients. FEMA is a lifeline to local governments during an emergency. It provides public assistance grants, which reimburse state and local governments that depend upon timely approval of this assistance for disaster -related costs, including repairs to damaged infrastructure, public services, and facilities, as well as cleanup and debris removal. These funds reimburse emergency services such as police, fire, and emergency management for extraordinary overtime pay expenses to protect and assist our residents during a disaster. Emergency preparedness depends on reliable local physical infrastructure to protect neighborhoods, businesses and homes before, during, and after a storm. The Becker team is adept at identifying potential funding sources for local infrastructure projects such as neighborhood revitalization, stormwater and sewer improvements, waste management, clean water, road improvements including emergency evacuation routes, ingress and egress, communications systems, and other public works projects. We work hard to match your local needs with the priorities of federal programs and funds. Once determined, we work with City staff to properly prepare grant applications then build political support with appropriate grant budgets and compelling narratives. Once secured, we assist with the drawdown of funds. 12 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker IIJA has billions in water and stormwater management infrastructure funding: • $29.3 billion in new eligibilities for EPA's drinking and clean water revolving loan funds. • $15 billion for capitalization grants to remove lead waterlines, among other things. • $8 billion over five years for the Bureau of Reclamation to undertake water and related resources activities. • $4 billion from EPA to address PFAS contaminants in drinking water. • $2.5 billion for inland waterway projects and coastal and hurricane -related projects. • $1 billion into the state revolving loan fund to address emerging contaminants. • $200 million to address lead contamination in drinking water in schools. • $100 million in competitive grant funding for eligible water storage projects. • $50 million annually for FY2022-FY2026 to establish a pilot program for competitive grants to states to implement water system improvements, particularly prioritizing underserved communities. Becker Client Successes: ✓ The Becker team scored a significant victory for its local government clients working with Members of the Florida and Virginia Congressional delegations and allied organizations on language restricting FEMA's ability to de -obligate funds many years after a disaster. The new language limited FEMA's ability to de -obligate funds. Previously, FEMA had a three-year statute of limitation to recover payments made to a State or local government for disaster assistance. The three-year window started after the transmission date of the final expenditure report for the disaster. The bill language changed the three-year window to begin once the Proj ect Worksheets were transmitted instead of delayed waiting for the final expenditure report's completion. We were proud to collaborate with other communities and organizations to help our local government clients secure the win. ✓ Sarasota County received post -hurricane relief of $133 million from FEMA. ✓ The Town of Davie secured a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) de -obligation appeal through the State of Florida associated with Hurricane relief of $1.2 million. ✓ The Becker team has also handled many water and wastewater infrastructure projects for local government clients. Becker lobbyists represent several coastal communities where water quality is a top priority. We have worked on various water projects on behalf of clients, beginning with authorizations through the Water Resources Development Act (WRDA), all the way through funding through congressional appropriations, and with the Office of Management and Budget (OMB). We often work with the Army Corps of Engineers at the Corps Headquarters and Jacksonville offices facilitating Project Cooperation Agreements. ✓ In 2021, Sarasota County received a $105 million low -interest loan to upgrade and expand a water reclamation plan through the US EPA Water Infrastructure Finance and Innovation Act program. The funds will pay for half of the County's planned enhancements to the Bee Ridge Water Reclamation Facility to meet national requirements by 2025 to make water safer and expand the treatment capacity to 18 million gallons per day. The County will realize long-term savings in the millions of dollars. 13 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ City of Virginia Beach secured two land conveyance requests within the FY 2022 National Defense Authorization Act (NDAA), including 8 acres from the Navy/Naval Air Station Oceana near the Midway Manor housing project to be used for a stormwater retention and other purposes. ✓ North Bay Village, FL relied on wastewater being pumped for more than two miles to Miami Beach to be processed. This main pipeline rested on Biscayne Bay's floor and was exposed to hazards such as impacts from boats. Damage to the pipe was accelerated by corrosion and age. This pipeline had caused six spill accidents and was causing continued environmental damage and health risks to North Bay Village and all the surrounding communities. The Becker team leveraged federal funding through an appropriations request. After several years of work, North Bay Village received notification that it had been awarded $4,655,012 to completely rehabilitate the existing 12,000 feet of 12-inch force main that crosses the Biscayne Bay. The FY22, FY23, and FY24 appropriations bills also provided significant funds for Becker's clients in rehabilitating water and wastewater drainage systems and investments in Everglades restoration. Energy & The Environment The Becker team understands the City's commitment to resilience and sustainability. It is ready to help secure federal support investments in solutions to transform transportation. More sustainable fuel, more efficient airport technology, and more efficient travel will support the economics of your services and create a safe and economically viable region. The Becker team recognizes and supports your goals to improve environmental impact, save money, create sustainable and resilient systems to combat heat and flooding, and promote carbon reduction, recycling, and energy efficiency -related programs. The IIJA includes significant funding for such programs including: • $3.5 billion in FY2022 for the Weatherization Assistance program. • $3 billion to create the new SMART cities grant program. • $500 million to create the Healthy Streets program. • $3 billion in competitive grant funding for battery component and facility processing and construction • $500 million for competitive grants for energy efficiency improvement projects at public schools. • $550 million in new eligibilities under the Energy Efficiency & Conservation Block Grant program. • $310.14 million over five years to create the Carbon Utilization grant program. • $50 million to build the competitive Transmission Facilitation program. • $3.5 billion for FEMA's competitive Flood Mitigation Assistance grant program. • $1 billion to fund FEMA's Building Resilient Infrastructure and Communities (BRIC) program. • $500 million to fund Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act state and local resilient infrastructure projects. 14 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Becker Client Successes: ✓ For Collier County and Cape Coral (two leaders in environmental sustainability), we have secured funding for flood mitigation, storm preparation, and capacity building for several coastal communities. ✓ For Palm Beach County, Omar Franco has been at the forefront of Everglades restoration funding and environmental mitigation strategies to protect Florida's beaches and waterways. Omar is helping lead a coalition of 16 counties around Lake Okeechobee, working with influential Congressional staff and lawmakers. ✓ For the Virginia Port Authority, we secured a New Start for the critically important Norfolk Harbor and Channels (Deepening and Widening) project - despite signals that they might underfund the project - the Corps set aside FULL funding for the project at $83.7 million. ✓ For the Kansas State Municipal Electric Association and private electric companies, the Becker team has advised on federal funding opportunities for sustainable power generation investments. ✓ For the City of Virginia Beach, we secured $2.56 million for Lynnhaven Inlet and $1.5 million for the Comprehensive Coastal Storm Risk Management Study (also known as the 3x3x3 Study) under FY 2022 Investigations. ✓ The Becker team worked with our client, Sea & Shoreline, on the King's Bay Restoration Project in Crystal River. This project removed over 92-acres of Lyngbya and detrital material that had accumulated within residential canals. Public Safety Local governments depend on critical federal investments in public safety, police, and fire services through various federal programs such as the Assistance to Firefighters Grants, Fire Prevention & Safety, and the Staffing for Adequate Fire and Emergency Response programs. This funding is for critically needed resources to equip and train emergency personnel to meet recognized standards, increase staffing and training, enhance operations efficiencies, foster interoperability, and support community resilience. The Becker team works regularly with the Department of Justice, Homeland Security and other agencies to secure grant funding for public safety, emergency equipment and training while advocating for increased funding levels for these programs. Becker Client Successes: ✓ City of Virginia Beach secured land conveyance requests within the National Defense Authorization Act (NDAA) for a new fire station, public park, and other uses on the Midway Manor property (8 acres site) ✓ For the Town of Davie, we have leveraged numerous funding opportunities through federal agencies and grant programs such as COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. We secured a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) de -obligation appeal through the State associated with Hurricane Wilma of $1.2 million. ✓ For Cape Coral, the Becker team received nearly $100,000 from the Paul Coverdell Forensic Science Improvement Grants Program for Cape Coral police depaitiuent technology upgrades 15 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker and certifications from the U.S. Department of Justice working with the local congressional delegation. Another almost $100,000 grant for the police department's forensic unit. ✓ SoundThinking is a gunshot detection technology that helps protect communities through coverage of gunshot detection systems. The Becker team has secured over $10 million in Depaitment of Justice and Homeland Security funding for police training, safety equipment, infrastructure issues, and funding for cities, counties and regional programs. The FY24 appropriations bills include funding for cities in security technology enhancements, violence reduction, community policing technology and equipment, and city gunshot detection initiatives. 3. Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein, which the Proposer has either ongoing, or completed within the last three (3) years. The list should identify: 1. Client; 2. Description; 3. Dates covering the term of the contract; 4. Client contact person and phone number; and 5. Contract duration. Where possible, list and describe those projects performed for governmental clients. Sarasota County, FL Rob Lewis, Governmental Relations 1660 Ringling Blvd., Sarasota, FL 34236 P: (941) 861.7271 Duration: 2014-Present Description: Becker has been the lead federal lobbyist for Sarasota County since 2014. Sarasota is a large, primarily suburban county 60 miles south of Tampa with close to 475,000 permanent residents, plus thousands of year-round visitors. It includes 37 miles of coastline along the Gulf of Mexico and is well-known for its beautiful beaches, outdoor lifestyle and world -class art and culture. Accomplishments include: ✓ In FY24, we helped Sarasota County, receive $4,000,000 for the Fruitville Road Capacity Improvements. Funding for this project will be used for support of the design, permitting, and right of way acquisition. ✓ Secured expedited reconsideration and approval of athlete visas for World Rowing Championship; ✓ Secured support for tax-exempt status of municipal bonds and succeeded in eliminating language in the final tax package that would have impacted bonding for the construction of professional sports stadiums; staff estimates $212,000 to be saved annually due to removal of this provision; 16 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ Advocated for post -hurricane relief, including on the issue of debris removal, and worked to advance enacted $133 billion in relief; also advanced Federal Emergency Management Agency (FEMA) project worksheet approvals, including Turtle Beach; ✓ Engaged with the Army Corps of Engineers and Fish and Wildlife Services and leveraged the interest of the County's Congressional Delegation to expedite approval of federal permits required for local projects such as Snook Haven; ✓ Secured a legislative fix that will prevent FEMA from unreasonable de -obligation more than three years after the project close-out; this language has been included in the pending FEMA reauthorization bill; ✓ Identified potential funding sources for local projects including neighborhood revitalization, transportation infrastructure, public transit and public safety needs and are available to assist with reviewing applications, building political support, building appropriate and effective grant budgets and narratives, and assisting with drawdown of funds; ✓ Secured letters of support for pending grant applications as well as debriefs for those that were not successful; ✓ Received a $105 million low -interest loan to upgrade and expand a water reclamation plan through the US EPA Water Infrastructure Finance and Innovation Act; ✓ Assisted the County in ensuring that the "Waters of the U.S." regulations from the Environmental Protection Agency (EPA) and the Army Corps of Engineers were not applied in an unnecessarily broad manner. These regulations would have had a significant impact on Sarasota, and we continue to work to ensure sensible regulation through the ongoing "repeal and replace" effort. Palm Beach County, FL Todd Bonlarron, Asst. County Adm. 301 N. Olive Avenue, West Palm Beach, FL 33401 P: (561) 355-4019 Duration: 2011 - Present Description: Becker's lobbying team has represented Palm Beach County since 2011. Palm Beach County is a large coastal county with urban, suburban and rural communities. Its population is 1.55 million people. The following priority issues were developed based on County priorities and the realities of the Federal budget and Congressional interest. Accomplishments include: ✓ Secured $959,757 for an Advanced Water Purification Facility and $500,000 for the revitalization and expansion of bus shelters to enhance the safety and experience of the 28,000 daily passengers who utilize public transit in Palm Beach County. $2,250,000 was also secured in the Transportation -HUD Appropriations bill for a Workforce Affordable Housing Development. ✓ One of the county's top priorities has been the proliferation of "Sober Homes" throughout the County. Omar worked tirelessly with the County to urge HUD to clarify the language within the Fair Housing Amendments Act ("the Act") and its application to sober homes. The courts 17 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker have applied the Act inconsistently over the years and this has caused a great burden to be placed upon the states and local governments. Through Omar's work, the County has made strides with supported changes to federal rules. The joint statement put out by both the Depaitment of Justice and HUD clarifies the Fair Housing Amendments Act and its application to group homes, including sober homes. This clarification allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes. Omar continues to work with HUD for additional clarifications sought by the County. ✓ Related to the Sober Home issue, Palm Beach County promotes a comprehensive approach to tackle the County's issues with opioid addiction from recovery to health care, to law enforcement. The Becker Lobbying team worked on the Comprehensive Addiction and Recovery Act and is helping the County navigate Congress' new proposals to combat the crisis. We are monitoring the administrative actions from the President's Commission on Combating Drug Addiction and the Opioid Crisis. Our team works for Palm Beach County in advocating for efforts to combat opioid addiction issues and monitoring federal opioid related issues. ✓ To achieve both flexibility and an ongoing source of vital sand resources, Palm Beach County is working to gain passage of the Sand Acquisition, Nourishment and Development (SAND) Act (H.R. 833/ S. 279) introduced by Senators Marco Rubio and Rep. Lois Frankel. If passed, the SAND Act will repeal an archaic law that does not allow communities to buy sand from the Bahamas and other foreign countries to replenish shorelines and will alleviate the high price of trucking in sand. Unlikely to pass as standalone legislation, we would anticipate the next Water Resources Development Act as a vehicle for inclusion of this provision. We are already working with Palm Beach County and others to support beach re -nourishment funding and efforts through the SAND Act. ✓ Palm Beach County supports the Comprehensive Everglades Restoration Project and the Herbert Hoover Dike. The failure of the Dike surrounding Lake Okeechobee could have severe effects on the surrounding region, including Palm Beach County. Palm Beach County supports actions by the federal government to expedite full rehabilitation of the Herbert Hoover Dike. Omar and the Becker lobbying team have been facilitating meetings and strategy sessions with influential Congressional staff and lawmakers to help secure Everglades Restoration funding for 16 counties around Lake Okeechobee. Our goal is to increase capacity for the Herbert Hoover Dike to limit discharge seen as contributing to the algae bloom devastating Florida beaches and waterways. The Becker team works hard to facilitate consensus and build coalitions around priority issues for its clients. Congressional Members and staff tell us how much they appreciate their cities and counties working together to support needed legislative changes. 18 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Hennepin County, MN Kareem Murphy, Dir. of Intergovernmental Relations 300 S. Sixth Street, A2305 Government Center, Minneapolis, MN 55487-0235 P: (612) 559-5279 Duration: 2020-Present Description: Becker began representing Hennepin County, MN in late 2020 and hit the ground running on the County's priorities by collaborating with county officials. Hennepin is among the most populous counties in the US, with a population of 1.26 million, and is considered a national center for health care innovation. Their health and human service policy priorities include support for safety -net health services ensuring access to affordable health care and support for prevention strategies. In that regard, the Becker team helped Hennepin County secure more than $5 million in earmark funding for priority health and wellness projects in the pending appropriations bills Accomplishments include: ✓ Mobilized support from the Minnesota Congressional Delegation and helped the County comment on US Treasury Department rules. The final Treasury rule on the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF) provided greater flexibility in eligible uses for broadband grants; ✓ Secured $750,000 for an emergency shelter system; ✓ Secured $500,000 for a health equity legal project; ✓ Secured $500,000 for the Hennepin County family dependency treatment court; ✓ Secured $4,600,000 for Hennepin Healthcare facilities and equipment at East Lake Clinic • Town of Davie, FL Richard J. Lemack, Town Administrator 6591 Orange Drive, Davie, FL 33314 P: (954) 797-1103 Duration: 2012 - Present Description: The Town of Davie has approximately 107,000 residents and an annual budget of $334 million. Since we began advocating for the Town of Davie in 2012, we have identified numerous funding opportunities through federal agencies and various grant programs. We have reviewed past grant applications and identified some needed improvements. We have coordinated technical assistance training for Town staff to learn how to be more successful in applying for grants, including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. Accomplishments include: ✓ Secured $2.4 million under the US Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to 19 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Firefighters Grant for the Town of Davie for new self-contained breathing apparatus (SCBA) and an air compressor cascade system for frontline fire engines and rescue units; ✓ Secured a U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) de -obligation appeal through the State associated with Hurricane Wilma of $1,190,691 for the Town of Davie; ✓ Secured $959,757 through a community grant program for New Rive Estates Drainage and $800,000 for body -worn cameras. Metropolitan Planning Organization Broward Metropolitan Planning Organization (MPO) Paul L. Calvaresi, Transportation Planner Trade Centre South, 100 W Cypress Creek Road, 6th Floor, Suite 650, Fort Lauderdale, FL 33309 P: (954) 876-0033 Duration: 2023-Present Description: The Broward MPO is a dynamic, federally mandated public agency that serves as a catalyst for change in transportation. With the coordination of 31 local governments and municipalities, more than 1.9 million residents, and over 13 million visitors each year, the Broward MPO enables seamless transportation and redevelopment in Broward County that provides an opportunity for people and communities to grow and thrive. Accomplishments include: ✓ Worked with Rep. Debbie Wasserman Schultz to secure $850,000 for SR-5/US-1 South Bound on Ramp to West Bound I-595. ✓ The Becker team helped Broward MPO secure $1,500,000 through the Reconnecting Communities and Neighborhoods (RCN) Grant for Connect FTL. Connect FTL will improve five highway -rail grade crossings of roadways with the Florida East Coast Railroad (FEC) in Fort Lauderdale by tunneling under the railroad to improve pedestrian and cycling connections between the majority -Black west side of Fort Lauderdale, and the wealthier east side. The tunnels will add dedicated sidewalks and bike lanes at each intersection to address current safety and access needs, and in preparation of the opening of new BCR stations at two of the intersections identified by this project. Expected walk and bike accessibility improvements are expected to reach 12,000 and 100,000 residents, respectively. City of Virginia Beach, VA Amber Carmichael, Administrative Specialist 2401 Courthouse Dr, Virginia Beach, VA (757) 385-3111 Duration: 2021-Present Description: Virginia Beach is a thriving coastal city located in the southeastern corner of Virginia, where the Chesapeake Bay meets the Atlantic Ocean. With a population of 450,000 residents, it is the largest city in Virginia and the 39th largest city in the United States. Virginia Beach is home to a variety 20 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker of amenities, including a popular oceanfront resort area, vibrant financial district, urban amenities, rural areas, cultural centers and museums, military facilities, and diverse neighborhoods. Accomplishments include: ✓ In our first year representing the City of Virginia Beach, we helped secure approximately $100 million in Congressional earmark and federal grant funding. The Becker team was also instrumental in helping the City negotiate solutions for issues with Federal agencies, including the U.S. Department of Defense. ✓ In FY23, we provided political and strategic guidance to help the City with infrastructure improvements and the following projects were successfully funded: o $3,000,000 —Nimmo Parkway: Funding for this project will be used to improve access to Sandbridge and provide a safer and more reliable hurricane evacuation route for residents. The project involves construction of a two-lane undivided roadway with shoulders, on -road bike lanes, and a single shared -use path. The Becker team worked with Rep. Elaine Luria (D-VA) and Sen. Mark Warner (D-VA) to secure this win. o $2,000,000 — Laskin Road: Funding will be used for roadway improvements including widening the four -lane road to a traditional six -lane divided facility with a raised median as well as a sidewalk and shared use path for bicycles and pedestrians. o $750,000 — Virginia Beach Trail: Funding will be used to construct a paved shared - use, 3-mile segment that will connect to Norfolk's Tide and HRT bus system, continue through two federally designated Opportunity Zones and Town Center, and terminate at Constitution Drive. ✓ The City needed land to build a school and requested a land conveyance of 2+ acres to the City of Virginia Beach Public Schools of the Oceana Blvd Excess Property. The language approving the conveyance was included in the Department of Defense FY22 Authorization bill, a significant victory for the City. The City of Virginia Beach Public School system wanted to purchase the 2.77 acres from the Navy for additional school bus parking, and the City has needed extra space to house school buses for quite some time. ✓ Secured two land conveyance requests within the FY 2022 National Defense Authorization Act (NDAA), including 8 acres from the Navy/Naval Air Station Oceana near the Midway Manor housing project to be used for a stormwater retention and other purposes. ✓ Secured $2.56 million for Lynnhaven Inlet and $1.5 million for the Comprehensive Coastal Storm Risk Management Study (also known as the 3x3x3 Study) under FY 2022 Investigations. ✓ Obtained $693,000 for Virginia Beach Police Department's Creeds Training Facility. This funding will support a separate, new "simmunition" training structure, complete with a classroom and defensive tactics training mat room, allowing for the expansion of advanced training evolutions and preventing the overuse and deterioration of existing structures. 21 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Subcontractor King & Spalding NATIONAL LEAGUE ofCITIES National League of Cities Clarence Anthony, CEO and Executive Director 660 N. Capitol St. NW, Washington, DC 20001 P: (202) 626-3010 Duration: July 2021 — August 2022 Scope: Assisted the National League of Cities (NLC), an organization comprised of city, town, and village leaders across the United States, to build partnerships with federal agencies and philanthropic organizations, to maximize the billions of dollars in federal funding for localities contained in the American Rescue Plan (ARP) Act. K&S worked with NLC to secure the resources and support to enable the organization to provide guidance and technical assistance to the thousands of small and medium sized U.S. cities on how to use this funding to make a transformative impact for their citizens, particularly those underserved and underinvested populations. At the same time, they worked with NLC to develop tracking and reporting tools that will help demonstrate that these ARP funds have made a meaningful, impactful difference. Fort Bend County, Texas Shaneka Smith, Chief of Staff 301 Jackson St, Richmond, TX 77469 P: (281) 344-3950 Danielle Saldua Garrison, Admin and External Affairs Manager P: (281) 341-8634 Duration: February 2021 — Present Scope: K&S lobbies the U.S. Congress to obtain federal appropriations for transportation and flood mitigation projects. They have also devised a Memorandum of Understanding between METRO and Ft. Bend County regarding a Bus Rapid Transit Project. 4. Provide a list of three (3) references submitted on Attachment B, Reference Submittal Form, for projects performed for government clients, at least one (1) of which for municipal government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. Attachment B, the Reference Submittal Form, has been included under the Appendix on page 68. 22 www.beckerlawyers.com Florida I New Jersey I New York I Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker City of Cape Coral, FL Maureen Buice, Assistant to City Manager 1015 Cultural Park Blvd, Cape Coral, FL 33990 mbuice@capecoral.org; P: (239) 242-3684 Years of Performance: 2014 — Present Role: Prime Contractor Scope: Cape Coral is a coastal city in Lee County with a population of 217,000 and growing. The Becker lobbying team represents the City of Cape Coral for State and Federal lobbying. The federal lobbying contract began in 2014 after six -plus years of successfully representing the City in Tallahassee. Cape Coral is a leader in environmental sustainability and we have helped the City secure funding for flood mitigation, storm preparation, and capacity building. In FY24, the Becker team successfully secured $1,000,000 for the City of Cape Coral Septic to Sewer Conversion. This project converts about 7,300 property parcels within the City from septic and private wells to sewer and city water. Funding will also support stormwater enhancements, reuse/irrigation water and new roadways, reducing the harmful contaminants entering regional waterways and the number of private wells in the northern part of the city are rapidly depleting water resources from shallow aquifers. Residents will gain access to the City's potable water and distribution facilities, reducing the frequency of wells running dry and saltwater intrusion. This project also reduces dependence on fresh water and provides a disposal method of treated wastewater for lawn irrigation and fire protection uses. The Becker team worked with Cape Coral's local congressman, Rep. Byron Donalds (R-FL) to secure this win. The City is also committed to staying on the leading edge of technology and innovation that can be used to improve services for its residents and manage the City's rapid growth. We have worked closely with the City's leadership to find creative ways to fund these priorities. For example, the City wanted to supplement its police budget to pursue technology and innovation funding. The City received $93,796 from the Paul Coverdell Forensic Science Improvement Grants Program for Cape Coral police department technology upgrades and certifications from the U.S. Depaitment of Justice working with Rep. Francis Rooney. In addition, the City received another almost $100,000 grant for the police department's forensic unit from the same program to acquire a latent expert workstation and extend the scope of the Department's forensic accreditation certification to include the discipline of latent prints. The team worked with the Federal Emergency Management Agency (FEMA) to successfully appeal the agency's denial of costs relating to FEMA's de -obligation of disaster recovery expenditures related to the hurricanes from over a decade ago. This issue led the Becker lobbying team to help spearhead the statutory change made to prohibit FEMA from denying the repayment of disaster related expenses to local governments. 23 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Collier County, FL John Mullins, Director, Division of Communications, Government & Public Affairs Office of the County Manager 3299 Tamiami Trail E., Suite 202, Naples, FL 34112 john.mullins@colliergov.net; P: (239) 252-2520 Years of Performance: 2015 — Present Role: Prime Contractor Scope: Collier County is Florida's largest county by land area. It is a coastal community of 411,000 residents with large suburban and rural areas and Big Cypress Natural Preserve Amanda Wood began representing Collier County in 2005 after leaving her job as Legislative Director in the U.S. Senate. She retained the County as a client for Becker starting again in 2015. Each year, Amanda meets with County elected officials and key department heads for their federal update, review, and analysis. The goal for these annual meetings is to review the past year's successes and challenges and identify new opportunities for County priorities to be met through federal legislative, regulatory, permitting, and funding priorities. Once established and agreed upon, Amanda set forth a legislative agenda and game plan with goals, objectives, tasks, and timelines. In the last few years, Collier County's primary focus has been on transportation infrastructure funding, water quality and water infrastructure, disaster funding, beach erosion, shore renourishment, FEMA reimbursements, and national flood insurance program stabilization. Collier has achieved significant funding and legislative success including: ✓ $13 million for U.S. Depaitment of Transportation (USDOT) TIGER Grant through Transportation Infrastructure Finance & Innovation Act (TIFIA) for transportation infrastructure for Collier County; Highly competitive grant, won on a re -application following a high level debrief with USDOT and outreach from entire delegation including House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). Worked closely with USDOT's Office of Intergovernmental Affairs to achieve a major win for Collier County. ✓ Secured $9+ million for Collier County to purchase new buses and to rehabilitate its existing operations and maintenance building. We helped the County design a well aligned project with both the grant requirements and our knowledge of FTA's priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership. Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz- Balart. ✓ Worked with delegation to advance request of Army Corps of Engineers to secure successful inclusion of $3,000,000 in Corps FY18 supplemental work plan for Collier shore erosion project study. 24 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ Secured legislative fix that will prevent FEMA from unreasonable deobligation more than three years after the project close-out. The FAA Reauthorization bills signed into law protects local governments from FEMA denials for reimbursement for storm -related clean-up costs. ✓ Secured millions for transportation infrastructure to support improvements to two critical interchanges on I-75 at Everglades Boulevard and Collier Boulevard/S.R. 84. These improvements were critically needed to provide access to safe evacuations from storms and fires as significant growth continues in Collier County. ✓ The $500,000 FTA Innovation Grant to become a test site for NTT Data's Transit Data Twin and Simulator project under the Enhancing Mobility Innovation (EMI) program. ✓ Secured $4,190,000 for transit maintenance in FY 24 through the Appropriations process and $987,000 for sidewalk improvements in FY 22. Collier's success is due to a well -developed legislative agenda for which the Becker lobbying team matches the County's priorities with areas of interest from Congress and the Administration. The team provides extensive education of Congressional staff and timely visits and communications by Collier County officials to targeted influencers and decision -makers. The Becker team has organized and coordinated all aspects of the County's outreach efforts with Federal decision -makers setting up appointments, preparing talking points, facilitating meetings, coordinating follow-up activities. LI City of Hialeah, FL Mayor Esteban Bovo 501 Palm Avenue, Hialeah, FL 33010 mayorbovo@hialeahfl.gov; P: (305) 883-5800 Years of Performance: 2011 — Present Role: Prime Contractor Scope: The City of Hialeah is the sixth largest municipality in Florida with over 220,000 residents. Omar Franco has served as the City's federal lobbyist since 2009 prior to joining Becker. Since that time, he has maintained a close working relationship with the Mayor and City staff to identify federal priorities to support the growing City's needs. Through careful analysis and consideration, the City decided to focus on two priorities: 1) road and other transportation infrastructure funding including for safety focused improvements, and; 2) crime prevention and modernization of its law enforcement systems. Through work with Rep. Mario Diaz Balart and the local delegation, the City received $500,000 in funding for storm water drainage, street lighting, sidewalk improvements, road, curb, and gutter enhancements through the Transportation -HUD Appropriations bill and $250,000 for police equipment upgrades in the Commerce -Justice State Appropriations under the COPS account. In 2024, the City of Hialeah was seeking to replace 50 marked vehicles in the aging police fleet and the technology equipment inside these vehicles. The Becker team worked with Rep. Mario Diaz Balart to secure $2,589,680 million for this project. In 2023, the City of Hialeah identified several roadways that needed infrastructural improvements. The improvements consisted of storm water mitigation through the installation of curbs and gutters, a 25 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker complete reconstruction of the identified roadways, installation of sidewalks, and energy efficient LED street lighting. Through THUD, the Becker team secured $3,000,000 for the Roadway Revitalization and $5,000,000 for Phase II of the Sewer Line Revitalization. Omar also assists the City with administrative and regulatory matters. He worked with the Depaitment of Housing & Urban Development (HUD) to seek a waiver for the new Executive Director for the Hialeah Housing Authority. 5. Describe Proposer's knowledge of legislative, administrative, and regulatory processes at the federal level. Becker team members are veteran D.C. lobbyists and former high-level Hill staffers, and senior Administration officials who have in-depth working knowledge of legislative, administrative, and regulatory processes at the federal level and high-level contacts in the right places. The lobbying team has detailed, extensive knowledge and experience with federal programs under the USDOT, US Army Corps of Engineers, Department of Housing and Urban Development, Department of Health and Human Services, US Department of Defense, US Depaitment of Justice, Environmental Protection Agency, and Department of Homeland Security. We work closely with the White House Domestic Policy Council, National Economic Council, and the Office of Management and Budget (OMB) to understand the President's top priorities. The Becker lobbying team has strong working relationships with the Miami and entire Florida delegation and influential House and Senate members (and their staff). The same is true for prominent members of the Biden Administration. Becker's Federal Lobbying team has developed a niche practice representing local governments before Congress and the Executive Agencies. Our experience representing cities, counties, and other public entities provides team members with first-hand, in-depth knowledge of federally funded local government programs, budgets, funding formulas, operations, and priorities. Becker is a boutique lobbying practice that is small enough to be hands-on with your issues but large enough to have the resources needed to cover hearings, meetings and participate in influential advocacy organizations. These characteristics distinguish us from other federal lobbyists who don't know Miami or its priority issues or delegation and those that are too big to provide personalized service. Each member of our lobbying team has a solid working knowledge of the legislative and executive processes and local governments' issues. Each team member has hands-on experience working on Capitol Hill or in the Executive Branch. For example, Omar Franco, Clarence Williams, and Amanda Wood have all worked for members of the Florida Congressional delegation from Miami. Team member Anthony Bedell brings excellent experience from the Executive Branch. In 2019, he was appointed as Deputy Assistant Secretary for Intergovernmental Affairs and Congressional Affairs at the U.S. Department of Transportation (DOT) under Secretary Elaine Chao. He has a depth and breadth of knowledge and experience at the department that is unrivaled. From transit, rail, highways, ports, and air travel, Anthony has successfully guided numerous projects thought the federal funding process. Moreover, his extensive relationships at USDOT continue to be very helpful for our clients. Polly Trottenberg from New York Transit serves as the Deputy Secretary at the US Department of Transportation (USDOT). Anthony also has a working relationship with her through their past work 26 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker together on the Gateway Project, Hudson Tunnel, and 2nd Street station. Anthony also worked closely with Matt Welbes, the career Executive Director of FTA, on a range of funding, policy, and political issues. He maintains close relationships with Transportation agency leaders and influential lawmakers on Capitol Hill. Anthony also worked at the Department of Labor and Small Business Administration. The Becker team understands the importance of strong working relationships with key players in D.C., at the Executive Agencies, and with Congressional Members. For example, the Becker team has close working relationships with all Members of the Florida delegation, especially senior members of the Appropriations Committee Representatives Mario Diaz-Balart and Debbie Wasserman Schultz, plus Carlos Gimenez, Frederica Wilson, Maria Elvira Salazar and Senators Rick Scott and Marco Rubio, as well as all members of the South Florida Congressional delegation. We also have ongoing working relationships with political appointees and career leaders at the Federal Emergency Management Agency (FEMA), the Coast Guard, and the Customs and Border Protection agencies. We also have established lasting relationships with the House Homeland Committee Membership and Senior Committee Staff leadership. At the Department of Homeland Security, our team works closely with Mike Rodriguez, Congressional Liaison Specialist, Office of Legislative and Intergovernmental Affairs, USCIS, Department of Homeland Security on immigration and visa issues. At TSA, Administrator David Pekoske deals with homeland security, aviation security and COVID-19 concerns. At FEMA, we work closely with Jason Nelson, Deputy Director of Congressional Affairs, Disaster Response Branch Chief, Federal Emergency Management Agency on hurricane disaster relief issues. Congressional Relationships The Becker team has close working relationships with Members of the Florida Congressional Delegation and close bi-partisan working relationships with congressional leaders on critical committees with jurisdiction over your priority issues. None is more important than Appropriations. House Appropriations — Our firm has long-standing and close relationships with the Chair Kay Granger (R-TX), Ranking Member Rosa DeLauro (D-CT), Representatives Mario Diaz-Balart (R-FL), Lois Frankel (D-FL), Debbie Wasserman -Schultz (D-FL), John Rutherford (R-FL), Scott Franklin (R- FL), Jennifer Wexton (D-VA), Ben Cline (R-VA), Henry Cuellar (D-TX), Barbara Lee (D- CA), Harold Rogers (R-KY), Tony Gonzalez (R-TX), and the following by subcommittee: Transportation, Housing and Urban Development, and Related Agencies • Tom Cole, Chair (R-OK) • Mario Diaz-Balart (R-FL) • Ben Cline (R-VA) • Tony Gonzalez (R-TX) • John Rutherford (R-FL) • Steve Womack (R-FL) • Pete Aguilar (D-CA) • Jennifer Wexton (D-VA) • Mike Quigley, Ranking Member (D-IL) • Norma Torres (D-CA) House Transportation & Infrastructure - lead committee for infrastructure legislation and an essential step in the legislative process for anything transportation/transit-related. • Sam Graves, Chair (R-MO) • Rick Larsen, Ranking Member (D-WA) • Frederica Wilson (D-FL) • Brian Mast (R-FL) • Elanor Holmes Norton (D-D.C.) • Grace Napolitano (D-CA) 27 www.beckerlawyers.com Florida 1 New Jersey New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker • Donald Payne (D-NJ) • Seth Moulton (D-MA) • Dan Webster (R-FL) • Tom Kean (R-NJ) • Jesus Garcia (D-IL) • Steve Cohen (D-TN) • Anthony D'Esposito (R-NY) Senate Appropriations — Florida is well represented on Appropriations by U.S. Senator Marc Rubio (R-FL). Interestingly, Senator Rubio was a former Partner at our firm for several years. The Becker team also maintains very strong relationships with several key Members of the Senate Appropriations Committee outside of the State. These relationships include the Chair Patty Murray (D-OR) and Republican Vice Chair Susan Collins (R-ME), Mitch McConnell (R-KY), Richard Durbin (D-IL), Joe Manchin (D-WV), Chris Van Hollen (D-MD), Lisa Murkowski (R-AK), John Hoeven (R-ND), Shelley Moore Capito (R-WV), and the following: Transportation, Housing and Urban Development and Related Agencies Subcommittee • Brian Schatz, Chair (D-HI) • Cindy Hyde -Smith, Ranking Member, (R- MS) • Jack Reed, (D-RI) • John Kennedy (R-LA) • Lindsey Graham (R-SC) Senate Banking, Housing and Urban Affairs economic development, mass transit, and more. • Sherrod Brown, Chair (D-OH) • Tim Scott, Ranking Member (R-SC) • Mark Warner (D-VA) • Thom Tillis (R-NC) • Shelley Moore Capito, (R-WV) • John Hoeven (R-ND) • Patty Murray (D-OR) • Christopher Coons (D-DE) • Richard Durbin (D-IL) • Joe Manchin (D-WV) — Jurisdiction over housing, urban affairs, • Chris Van Hollen (D-MD) • Robert Menendez (D-NJ) • John Fetterman (D-PA) Senate Environment & Public Works Committee — Jurisdiction over highway construction and maintenance, environmental policy, research and development, flood control, water management, public works, regional economic growth, and more. • Tom Carper, Chair (D-DE) • Ben Cardin (D-MD) • Shelley Moore Capito, • Roger Wicker (R-MS) Ranking Member (R-WV) • Lindsey Graham (R-SC) • Alex Padilla (D-CA) 6. Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of Miami. The Becker federal lobbying team is well -versed on the City's priorities. Our team has decades of experience and knowledge on issues impacting large urban areas. Lobbying team members are Miami natives and worked for Miami Members of Congress for many years handling local issues before congressional committees. 28 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker We demonstrated our knowledge and understanding of Miami's priority issues over the last two years with federal funding to address its critical needs. Through USDOT, we successfully secured $60 million for the I-395 Underdeck and Heritage Trail that will unite neighborhoods long -impacted by the highway's construction many years ago. The Underdeck will transform I-395 and connect communities to new employment, civic, and recreational opportunities. We also focused on affordable housing, one of the city's highest priority issues, typical of large urban high -growth areas. We secured over $10 million in earmarked funding for various elderly housing projects and funding for related infrastructure such as drainage, roadways, crosswalks and sidewalks to improve urban neighborhoods. Since Miami faces significant issues related to flooding, we helped secure mitigation funding to address extreme events such as king tides, tropical storms, hurricanes, and the effects of the sea -level rise. The team represents Palm Beach County, Hennepin County, MN, Volusia County, Davie, Miami Gardens, West Park, Broward Sheriff's Office, and other similar clients. Hennepin County is a large, diverse county with a population of 1.26 million, the largest in Minnesota. Its largest city, Minneapolis is a growing metropolis with increasing numbers of immigrants from all over the world. The Becker team hit the ground running, assisting with priority issues including transportation funding, affordable housing, broadband grants, and public safety. We have also represented Palm Beach County, the third - most populous county in Florida with a population of 1.55 million, since 2011. The Becker team has assisted Palm Beach County with Everglades restoration funding and environmental mitigation, Sober Homes, water purification, among other priorities. We also follow criminal justice reform discussions, public safety funding, and law enforcement recruitment and retention issues for several clients including the Broward Sheriffs Office (BSO). Understanding Urban Issues As proud Miamians and Floridians who are active in local, state, and federal policy issues, Becker team members volunteer with various organizations to help minimize long economic obstacles in urban communities. Team members are working to create sustained opportunities that result in greater participation in the workforce and economic prosperity for all. Clarence Williams represents Florida Memorial University, Bethune Cookman University, and Virginia Union University. The HBCUs are leading the way in creating opportunities for students in urban environments to become global citizens with all the opportunities for growth and success. Clarence supports their mission in diversity, equity, and inclusion in federal funding and financial support for professional and workforce training in growing industries. Opportunity Zones are another area where the Becker team has been a leader on issues impacting urban communities. Clarence helped develop and implement Enterprise Florida's statewide Opportunity Zone strategy and has guided local governments on financing, policy, and economic development strategies. Opportunity Zones help stimulate economic growth to communities that need it most but have not had investments needed to independently create jobs, incentivize business relocation, or increase the quality of life for their residents. Opportunity Zones create momentum in communities that need a boost in their economic recovery efforts, representing a vital new funding opportunity for cities and counties. Clarence and other Becker team members have educated scores of local government officials, non- profit organizations, developers, and investors on the development of investable projects. Clarence also advises on regulatory considerations related to Opportunity Funds for investors. He understands the 29 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker issues surrounding complementary funding mechanisms, and he has hosted presentations to provide insights into the changing regulations and implementation strategies. Other Becker team members bring added urban, Miami -specific knowledge to the team. For example, local liaison Jose K. Fuentes served on the Miami Dade College Board of Trustees for many years. Miami Dade College is one of the most diverse colleges in the country and takes pride in educating minority students who may be first -generation college students. Jose also holds leadership positions with the Greater Miami Chamber of Commerce, focusing on helping small local businesses be successful, and the United Way of Miami -Dade. He is also a member of the City of Miami's Mayor's International Council and has served on the Executive Committee of the Miami -Dade County Republican Party. Jose and D.C. lead federal lobbyist Omar Franco have worked together for decades on Miami -Dade County related issues. Jose and Omar are in regular communication regarding their numerous mutual state and federal lobbying clients such as the City of South Miami. The federal team also represents South Florida cities such as Coral Gables, Hialeah, Miami Gardens, and North Miami plus Miami - Dade institutions such as Florida Memorial University. The Becker team demonstrates its knowledge and understanding of issues facing urban communities by creating Opportunity Zones, representing HBCUs focusing on workforce development, advocating for local government needs, and leading policy efforts supporting urban issues in the Florida Legislature local Chamber of Commerce. Knowledge of the City's Priorities — No Learning Curve We take pride in creating long-term close working relationships with our clients by customizing strategies to meet the City's stated goals. We will work collaboratively with your team to develop the strategy, tactics, work plan, timeline, and communications plan for conveying our priorities to the various stakeholders in Washington, D.C. The Becker lobbying team has a significant head start advocating for Miami's federal priorities. Lead lobbyist Omar Franco's role as Chief of Staff to Rep. Mario Diaz-Balart, Clarence Williams' same role for former Congressman Kendrick Meek, and Amanda Wood's role as Legislative Director for former Florida Senator Bob Graham, provide deep insights, historical context, and local familiarity with Miami's critical issues. They already know your allies, champions, and detractors in the legislative process and career staff at the agencies relevant to Miami's issues. They have been working on these issues for most of their careers. There is no learning curve. We look forward to working with you to achieve favorable policy and funding outcomes with City priorities such as public safety, affordable housing, mobility, diverse shared spaces that foster community, and efficient and transparent government. 7. Describe Proposer's experience lobbying at the federal level. Government Law and Lobbying has been a core practice area within the firm for more than thirty years. The State lobbying practice began in the early 1990s. The Federal lobbying team and Washington, D.C. office opened in 2011 with Omar Franco, Clarence Williams, and Amanda Wood. 30 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Today, our diverse, bipartisan Federal team includes thirteen experienced professionals representing local governments, technology companies, leading industry trade associations, small businesses, and universities. The team tirelessly advances its clients' policy and funding interests before the Congress and federal executive agencies by: • utilizing its close working relationships with Members of Congress and their staff; • staying up to date on legislative intelligence and insights to share with clients; • providing input and testimony before legislative policy and appropriations committees; • drafting legislation and legislative amendments; • preparing position papers and support letters; • working with likeminded organizations to build coalitions; • helping clients navigate the complex legislative process. A powerhouse team of former congressional and executive branch political appointees, along with former in-house corporate lobbyists, our lobbyists use their collective knowledge of local, state, and federal government programs to represent clients in the halls of Congress and with the Executive agencies. Each lobbyist on the proposed Miami team worked on Capitol Hill or in the Administration. We know the career and political staff in the agencies and Hill offices and the processes and procedures to navigate the bureaucracy. Political Intelligence The lobbying team is also active in political campaigns and will share current political intelligence and candidate information impacting the City. Political intelligence is vital year-round as issues, coalitions, and candidates are constantly changing. It is essential to keep your finger on the pulse of the political landscape. The team's 25+ years of experience navigating many election cycles plus long-term relationships with leaders in Washington, D.C., Tallahassee, and statewide enables team members to represent clients in a rapidly changing political environment effectively. Omar Franco will continue to lead the Miami federal lobbying team. He will handle client communication, overall strategic direction, and execution of the agreed -upon agenda. Clarence Williams, Amanda Wood, Anthony Bedell, and Perry Adair will assist him. Each member of the team has 15+ years of experience in politics, policymaking, and lobbying. Client satisfaction is the top priority, and the City will have 24/7 access to empowered team leaders to make any needed changes. An integrated team approach also creates synergies among team members, leading to innovative strategies and big ideas. The Becker lobbying team will be available 24/7 to the City. That is the philosophy of our lobbying team because the lobbying practice is a 24/7 business. Weekends and after- hours are nothing new for our team; we will be working all the time, whether at daytime meetings, evening fundraisers, or weekend social events, to gain knowledge, offer legislative intelligence, and advocate for the City. 31 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Omar Franco — Team Leader Omar Franco is a veteran lobbyist and former Chief of Staff to Florida Congressman Mario Diaz-Balart (R-FL). Omar works with many Hispanic organizations that promote diversity and look to offer a voice to Hispanics in Washington, D.C. and the country. These connections provide access to a diverse and ever-increasing group of influential decision -makers on Capitol Hill. Omar previously worked in state government before moving to Washington, D.C. He co-founded the Becker Federal lobbying team in 2011. His federal lobbying clients include a broad cross-section of local governments, Fortune 500 companies, small businesses, non-profit organizations, higher education institutions, and trade association clients. Clarence Williams Clarence is the previous Chief of Staff to former Miami Congressman Kendrick Meek (D-FL). He served as the Congressman's chief policy advisor and strategist on all matters before the U.S. House of Representatives. Clarence specialized in health care issues, armed services, taxation, energy, local government issues, education, and domestic and international trade. He works especially closely with federal agencies, including HUD, DOT, FAA, TSA, DHS, and Members on the House Financial Services, Transportation, Science, Space & Technology, Homeland Security and Armed Services Committees and Senate Banking, Housing and Urban Affairs, Commerce, Armed Services and Homeland Security Committees and House and Senate Appropriations Committees, including the Transportation -HUD subcommittee. Clarence has represented several public sector clients such as Volusia and Brevard counties and cities such as North Miami, Miami Gardens before Congress and the Administration. Amanda Wood Amanda is former Legislative Director to former Florida Senator Bob Graham. Since leaving Capitol Hill in 2005, she has been lobbying for local governments. She develops and executes federal government relations strategies and guides clients through the federal funding process, including the House and Senate's budget and appropriations committees and federal grant opportunities. Amanda is well-known for her expertise in identifying and successfully pursuing agency grant funds for clients such as Collier, Sarasota, and Hennepin counties, municipalities such as Davie and Cape Coral, and companies doing business with the government such as ShotSpotter. Anthony Bedell Anthony is best known for his Transportation policy and funding expertise. He served as the U.S. Depaitiuent of Transportation (USDOT) Deputy Assistant Secretary for Congressional Affairs, the number two governmental affairs position in Secretary Elaine L. Chao's Office. He also previously worked in the Depaituient of Labor and Small Business Administration. Anthony will work with House and Senate Republicans on transportation and other issues and provide strategic guidance on funding from USDOT, FEMA, Army Corps, and other agencies. Anthony's high-level leadership role at USDOT provides insights into agency decision -making and future transportation opportunities. His clients include the Virginia Port Authority, City of Virginia Beach, Broward Metropolitan Planning Organization (MPO), and Transurban, the road operator company that manages and develops urban toll road networks. 32 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Jose K. Fuentes — Local Liaison A Miami resident, Jose has 40+ years of experience working in and representing local governments in Miami -Dade. He is active in local nonprofits and business organizations, providing valuable insights into community issues needing to be addressed by policy makers. He keeps his finger on the pulse of political, legislative, and policy matters impacting Miami as your state lobbyist. 8. Describe Proposer's overall experience in lobbying on behalf of municipal governments. Team members are well -versed in municipal priority issues including affordable housing; transportation/transit infrastructure such as RAISE and other grants; economic development; environmental sustainability; community health and wellness; broadband accessibility and affordability; public safety hiring and technology; and public K-12 education and infrastructure. We also have specific expertise in other high -priority areas such as smart cities, cyber and security, and workforce training. Our goal is to assist municipal leaders with the coordination, development, and ultimately, the success of their legislative program by providing the highest quality, ethical, professional, bi-partisan lobbying services. Becker has proudly represented municipalities locally before the Miami -Dade County Board of County Commissioners, in Tallahassee, before the Florida Legislature and executive agencies, and in Washington, D.C. before Congress and the Administration. We have long-term working relationships with regional stakeholders, the entire Florida delegation, and Members of Congress with jurisdiction over your priority issues. We have already put that knowledge and those relationships to work for the City of Miami. There is no better testament to our team's success than our many longstanding local government lobbying clients. For each of these clients, we have been renewed several times despite difficult political circumstances, tough economic times, changing of the guard, and other complicating factors. Despite it all, the Becker lobbying team has remained. As federal lobbyists, we are most proud of our long-standing local government clients such as Palm Beach County (since 2011), Sarasota County (since 2014), Collier County (since 2015), City of Cape Coral (since 2014), Town of Davie (since 2012). Their confidence in our value reflects the Becker team's commitment to ongoing and consistent communication, tireless work ethic, and a consistent return on investment. Valued long-term client relationships depend on our ability to use good judgment, take the initiative, and ultimately demonstrate our value (return on investment) repeatedly. Through many years of municipal advocacy, the team knows the issues, funding streams, and programs impacting city governments. We always take the time to get to know the committee staff and elected leaders (from all over the country) on the relevant committees and critical agency personnel at the relevant executive agencies. We regularly work with like-minded organizations, such as the League of Cities and Conference of Mayors, to increase our client's profile in high -priority areas (e.g., sea -level rise) and advocate for federal funding of municipal programs. We routinely coordinate legislative agenda items and advocacy initiatives with other local governments to multiply the impact of our efforts. For example, for Collier County, we developed a strategy based 33 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker on a variety of administrative and legislative approaches that secured critically needed resources for traditionally underserved communities that live and work outside of the County's population centers. ✓ Appropriations Approach: $987,000 for sidewalk improvements in underserved area of the County through the Fiscal Year 2022 Appropriations process ✓ Public/Private Partnership Approach: $500,000 for a Mobility Innovation grant from the Federal Transportation Administration through our introduction and collaboration with private vendor NTT ✓ Competitive Grant Approach: competed for and achieved award of $13 million for U.S. Department of Transportation (USDOT) TIGER Grant (predecessor to the BUILD program) for complete street transportation infrastructure for the County This highly competitive grant was won on a re -application following a high level debrief with USDOT and outreach from the entire Florida delegation including the local Congressman Francis Rooney and the active leadership of Rep. Mario Diaz Balart. The Becker lobbying team worked tirelessly with USDOT's Office of Intergovernmental Affairs to demonstrate needs with population and other data to achieve a major win for Collier County. ✓ Administrative Approach: secured $3,000,000 in the Army Corps of Engineers supplemental work plan for a Collier County shore erosion project study ✓ Coalition Approach: engaged in a joint lobbying effort with the National and Florida Association of Counties and other local governments to obtain a legislative fix preventing FEMA from unreasonable de -obligation of more than three years after project close-out. The Becker team scored a significant victory for Florida communities working with Members of the Florida Congressional delegation and allied organizations on language to restrict FEMA's ability to de -obligate funds many years after a disaster. FAA Reauthorization bill included new language that limited FEMA's ability to de -obligate funds. Previously, FEMA had a three-year statute of limitation on which it could recover payments made to a State or local government for disaster assistance. The three-year window started after the date of transmission of the final expenditure report for the disaster. The bill language changed the three-year window to begin once the Project Worksheets were transmitted instead of delayed waiting for the final expenditure report's completion. We were proud to collaborate with other communities and organizations to help our local government clients secure the win. 9. Describe any other experiences related to the work or services described in Section 3.1, and any other information which may be specific to the required services to be provided. The Becker lobbying team is already knowledgeable about Miami's issues as we are engrained in Miami. Our D.C.-based lobbying team members are from Miami and started their careers here. Our local liaison lives in Miami and can be at City Hall at a moment's notice to confer with the Mayor, City Commission, City Manager, City Attorney, Few lobbying firms know how to take advantage of the interplay between state and federal funding like the Becker team. and other City personnel as needed. He also regularly works with elected officials and the manager's office and city departments such as Public Works and Police to stay on top of trends and needs. Team members are engaged in the community's social, civic, and charitable endeavors, so there is no learning curve on the City's flooding issues, the City's housing affordability issues, or the City's traffic issues. 34 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker We know the pulse and cadence of Miami. There is also no learning curve for the Miami -Dade, South Florida, or entire state congressional delegation. The Becker team started representing the City of Miami in 2022. In these two short years, we have already accomplished so much, including: ✓ Secured $60,353,730 for the I-395 and Heritage Trail ("Underdeck") through the USDOT Reconnecting Communities and Neighborhoods (RCN) Grant Program. The Underdeck will transform the barrier of the original highway by integrating a 33-acre public open space and mile -long trail system below I-395. By uniting neighborhoods impacted and divided by the decades -old highway project, the Underdeck will transform I-395 and connect communities to new employment, civic, and recreational opportunities. The Becker team secured this historic win for the City by working with Senator Marco Rubio and securing a support letter that was repeatedly sent to the DOT. We have included a copy of this letter under the Appendix. We also worked closely with Mohsin Syed the Chief of Staff for the Secretary of Transportation, Pete Buttigieg. ✓ Secured over $10,000,000 in FY24 through earmarked funding. $3,500,000 for the Flagler Affordable Senior Housing project that will develop a newly constructed affordable housing building for the elderly; $2,853,787 for the Allapattah Community Action Elderly Center Renovations project; $1,700,641 for the Allapattah Childcare Center Renovations project; $1,000,000 for the Little Haiti Youth Center; and $1,000,000 for drainage improvements, wider roadways, and new and safer sidewalks and crosswalks. ✓ We worked very closely with Congressman Mario Diaz-Balart (R-FL) on the Allapattah Community Action Elderly Center Renovations project. The Allapattah Community Action center is newly in his district and the Becker team helped the Congressman secure the first earmark in his career for the City. ✓ Worked with Rep. Maria Elvira Salazar's (R-FL) office to secure funding for two flood mitigation projects in the most adversely affected areas of the city. The 8th Street Neighborhood Flood Mitigation Project and the Jose Marti Park Flood Mitigation project received $4,000,000 each in the Transportation -HUD Appropriations bill under the Economic Development Initiative Account. The Little Havana community's 8th Street and the Jose Marti Park Flood Improvement projects will address the significant flooding during king -tides, rain events, and effects of the sea -level rise. ✓ We are already working diligently on the next funding stream. For FY25, we have filed two earmarks for the City of Miami: $5,000,000 for Auburndale flood improvements and $5,000,000 for the City's police cruiser project. We secured letters of support for each earmark from Congresswoman Maria Elvira Salazar and Congressman Mario Diaz-Balart. We have included a copy of these letters under the Appendix. Miami City Officials announce $60 million grant to connect Overtown and Downtown. 35 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ We secured a letter of support from Senator Marco Rubio for the City of Miami's application for funding from the Staffing for Adequate Fire and Emergency Response (SAFER) grant program to hire 24 new firefighters. We have included a copy of this letter under the Appendix. ✓ We have already coordinated and taken trips to Washington D.C. with the City Manager, City Commissioner Manolo Reyes, and the Miami Police Department. We have another trip scheduled in June 2024 for the City Manager. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 1. Identify and provide current resumes for all key personnel who will be assigned to work on this project. Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant experience on similar projects, of each such individual. Omar Franco Senior Director Washington, D.C. 202.621.7122 202.731.3401 OFRANCO ra beckerlawyers.corn Omar Franco heads Becker's Federal Lobbying Practice in Washington, D.C. He represents a wide variety of clients, including Fortune 500 companies, small businesses, higher education institutions, trade associations, non-profit organizations, and municipal governments. In 2020, Franco was named a "Top Lobbyist" by the National Institute of Lobbying & Ethics (NILE). He has been recognized as a "Hired Gun" in The Hill's annual list of Top Lobbyists since 2018. Mr. Franco works with Hispanic organizations that promote diversity and a voice to Hispanics in Washington and throughout the country. He is the federal lobbyist for the Latino Coalition and is considered one of the most effective Hispanic federal lobbyists. He serves on the National Hispanic Advisory Council, providing input to the President and Executive branch on essential issues to the Hispanic community. In 2003, Omar was named Chief of Staff for Congressman Mario Diaz-Balart (R-FL). He managed the Congressman's Washington D.C., and district operations. He closely counseled the Congressman in his areas of expertise, including federal appropriations, health care, transportation, higher education, and issues dealing with Hispanics. During his tenure, Omar was granted Top Secret security clearance by the U.S. Department of Defense and assisted in founding the Congressional Hispanic Conference and the Congressional Hispanic Leadership Institute. 36 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker He returned to lobbying in 2009 and founded Franco Government Relations in 2010. He represented the Miccosukee Tribe of Florida, Florida Gulf Coast University, and the Town of Miami Lakes and continues representing the municipalities of Hialeah, North Bay Village, and Hialeah Gardens. In 2011, he founded the Washington, DC, office for Becker and built a federal lobbying practice for the law and lobbying firm. Education & Training • Florida State University, B.A., English/Business, 1988 • Lobbying Certificate Program (LCP), Association of Government Relations Professionals Examples of Client Accomplishments ✓ City of Miami, FL — Worked with Rep. Maria Elvira Salazar's (R-FL) office to secure funding for two flood mitigation projects in the most adversely affected areas of the city. The 8th Street Neighborhood Flood Mitigation Project and the Jose Marti Park Flood Mitigation project received $4,000,000 in the Transportation -HUD Appropriations bill under the Economic Development Initiative Account. The Little Havana community's 8th Street and the Jose Marti Park Flood Improvement projects will address the significant flooding during king -tides, rain events, and the effects of the sea -level rise. ✓ Also, for the City of Miami, FL — Omar secured over $10,000,000 in FY24 through earmarked funding. $3,500,000 for the Flagler Affordable Senior Housing project that will develop a newly constructed affordable housing building for the elderly; $2,853,787 for the Allapattah Community Action Elderly Center Renovations project; $1,700,641 for the Allapattah Childcare Center Renovations project; $1,000,000 for the Little Haiti Youth Center; and $1,000,000 for drainage improvements, wider roadways, and new and safer sidewalks and crosswalks. ✓ Palm Beach County — Omar worked with Congressman Jared Moskowitz to secure $959,757 for an Advanced Water Purification Facility and $500,000 for the revitalization and expansion of bus shelters to enhance the safety and experience of the 28,000 daily passengers who utilize public transit in Palm Beach County. $2,250,000 was also secured in the Transportation -HUD Appropriations bill for a Workforce Affordable Housing Development. ✓ City of Hialeah, FL — Worked with Rep. Mario Diaz-Balart's office and secured $5,000,000 for the sewer line revitalization project in the Transportation -HUD Appropriations bill. Omar also worked with the City to secure $2,589,680 to replace 50 marked vehicles in the aging police fleet, as well as the technology equipment inside these vehicles. ✓ Town of Davie - Identified numerous funding opportunities through federal agencies and various grant programs. We have reviewed past grant applications and identified some needed improvements. We coordinate technical assistance training for Town staff to learn how to be more successful in applying for grants, including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. Recently, we have helped the Town secure $959,757 for the New River Estates Drainage and $800,000 for body -worn cameras. ✓ Miami Lakes, FL — Secured $570,000 Transportation -Housing and Urban Development (THUD) funding for vehicle procurement of two hybrid electric vehicles to provide 37 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker trolleybus service. Omar and other team members worked with Congressman Mario Diaz- Balart's office to secure $570,000 in the Transportation -HUD bill for vehicle procurement of two hybrid electric vehicles to provide this trolleybus service. ✓ City of Coral Gables — Worked with Rep. Maria Elvira Salazar and secured $2,500,000 in the Transportation -HUD Appropriations bill for a Mobility Hub to create a one -stop - shop for additional local transportation options. ✓ Chiles Group — Secured $2,500,000 to support large-scale estuary habitat restoration and resilience projects in Southwest Florida. This project will improve estuary water quality; reduce the toxicity and persistence of harmful algal blooms; enhance estuary resilience to climate -related factors; stabilize sediment and improve shoreline protection qualities; mitigate estuary habitat loss; increase ecological productivity and biodiversity; and stimulate new commercial and recreational opportunities in local communities. Omar worked with Congressman Vern Buchanan to secure this victory. ✓ Florida Gulf Coast University — FGCU was looking to monitor groundwater and understand its role in surface water quality in the Estero Bay Watershed. By identifying the amount of groundwater replenishing the rivers, lakes, ponds, and estuaries, as well as the nutrients and pollutants it carries, FGCU can develop effective strategies to manage this important resource and protect waterways. Omar and the Becker team successfully worked with Congressman Byron Donalds to secure $750,000 for this project. ✓ North Bay Village, FL — For 42 years, wastewater from North Bay Village was pumped through the same pipe traveling more than two miles to Miami Beach to be processed. Working closely with then- Senator Bill Nelson and Congresswoman Debbie Wasserman Schultz's office, we resubmitted the appropriations request. After several years of work, North Bay Village received notification that it received $4,655,012 to completely rehabilitate the existing 12,000 feet of 12-inch force main that crosses the Biscayne Bay. ✓ City of South Miami — Secured $1,750,000 for the City to convert homes from septic to sewer service and improve water quality. ✓ Bay Harbor Islands — Worked with FAA to transition Next Generation system flight paths for cities facing significant new noise levels. ✓ Falcon TrustAir, an FBO operating out of Kendall-Tamiami Airport - Omar Franco successfully lobbied for Runway 9R/27 extension at Kendall-Tamiami Executive Airport. The runway was extended 550 feet at the east (27L) end and 1,798 feet at the west (9R) end. The increase in runway length allows aircrafts to increase their fuel and/or cargo load and arrive at destinations and markets that are currently unattainable without first having to land and refuel at other airports. This improvement gives pilots greater flexibility in meeting their stage length and payload requirements and allows for accommodating nearly 100 percent of midsize jet aircraft under wet runway conditions. ✓ Eastern Shipbuilding Group — $579 million was included in the Homeland Security Appropriations for the Coast Guard's Offshore Patrol Cutter program, an increase of $36 million over last year's funding. ✓ Small Business Development Centers — Secured $140,000,000 for SBDC to provide counseling and training to small businesses. 38 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Clarence Williams Senior Government Relations Consultant Washington, D.C. 202.621.7122 c' 202.621.7264 CLWILLIAMS@beckerlawyers.com Clarence Williams represents and advocates for a wide range of clients before Congress and federal executive branch agencies. His clients include local governments Brevard County, Volusia County, and municipalities, Miami Gardens, North Miami, Palatka, West Park, and universities Florida Memorial University, Bethune Cookman University, among others. Clients rely on Clarence's policy and political acumen, gained over 15-plus years of public service in Tallahassee and Washington, DC, to help them take advantage of federal opportunities and navigate potential pitfalls in regulations, procurement, and legislation. He uses his knowledge of state and federal government programs to help clients access and leverage government funding and unravel complicated program overlap. His lobbying practice also includes private sector technology and defense -related clients. A dynamic speaker who translates complex policy matters for all audiences, Clarence provides policy updates to clients on subjects including Opportunity Zones, housing and homelessness, health care, tax, government procurement, education, and general government process. Work History Clarence served as Chief of Staff for Congressman Kendrick B. Meek (D- FL). He served as the Congressman's chief policy advisor and strategist on all matters before the U.S. House of Representatives. He directly managed the Congressman's portfolio of issues relating to the Committees on Ways and Means, Armed Services, Homeland Security, and Budget. Clarence specialized in health care, housing, armed services, taxation, energy, local government issues, education, and domestic and international trade. As lead staff for former Congressman Meek on the House Armed Services Committee, he has hands-on experience in the military, scientific, and defense -related topics from policy to procurement to research and development. Since leaving Capitol Hill in 2011, Clarence has represented public and private sector clients before Congress and the Administration. He has succeeded in securing funding and making legislative and regulatory changes to fulfill his client's goals. He works especially closely with federal agencies, including HUD, DOT, FAA, TSA, DHS, and Members on the House Financial Services, Transportation, Science, Space & Technology, Homeland Security and Armed Services Committees and Senate Banking, Housing and Urban Affairs, Commerce, Armed Services and Homeland Security Committees and House and Senate Appropriations Committees, including the Transportation -HUD subcommittee. 39 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker He helps clients navigate federal agencies, including the City of North Miami, on the re- certification for the National Flood Program Community Rating System. Bethune-Cookman University obtained an invitation to join an $86 million federal STEM research consortium sponsored by the United States Army. He assisted the City of Miami Gardens in obtaining $1.2 million through the Department of Justice's COPS program. He orchestrated the release of over $1 million in sequestered grant funds for a capital project in Opa-Locka. He worked with the Department of Transportation's Federal Aviation Administration (FAA) to maintain the operation of the Executive Airport in Opa-Locka in the face of widespread contract tower closing. Opa-Locka was one of only 24 airports to remain open of the original 177 slated for closing. He helped secure $25 million authorization in the National Defense Authorization Act for client STS International Inc. He has worked with the Depait,nent of Defense on logistics, IED technology, and securing their fuel fleet. Education & Training • Florida State University, B.A. 1992 Examples of Client Accomplishments ✓ Bethune-Cookman University — Assisted Bethune-Cookman University in obtaining an invitation to join an $86 million federal STEM research consortium sponsored by the United States Army, as well as a DOJ-sponsored research project to study behavioral aspects of domestic violence. ✓ Florida International University — Secured $5.1 million for client, Florida International University to create a Center of Excellence in joint partnership with the Department of Defense, NASA, and NOAA for research in origami antennae. Also Obtained $4.9 million from the United States Air Force for Florida International University to create a Center of Excellence in Origami Antenna development. ✓ City of Miami Gardens — Obtained $1.2 million through the Department of Justice's COPS program to hire the city's first entirely residential police class. ✓ Opa-Locka — Worked with the Department of Transportation's Federal Aviation Administration (FAA) to maintain the Executive Airport's operation in Opa-Locka in the face of widespread contract tower closing. Opa-Locka was one of only 24 airports to remain open of the original 177 slated for closing. Also leveraged federal -state relationships to orchestrate the release of over $1 million in sequestered grant funds for a capital project in Opa-Locka while simultaneously negotiating funds from the State Revolving Fund totaling just under $1 million for a related project in Opa-Locka. ✓ STS International Inc. — Secured a $25 million authorization in the National Defense Authorization Act for client STS International Inc. ✓ Florida Memorial University — Worked with program officials within the Depait,nent of Education and Congressional committee staff to provide the Depait,nent with authority to modify eligibility requirements for an existing program with remaining funds from the previous budget year. In advocating for and obtaining the modification the Department wanted and our client needed, our team was able to assist client Florida Memorial University in receiving $12 million in capital funding from the program's remaining money. Also secured multi -year funding through the United States Air Force for Florida Memorial University's Aviation and Aerospace program. ✓ U.S. Department of Defense — Worked with DOD on logistics, IED technology, and securing their fuel fleet. 40 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker ✓ University of Miami — Assisted the University of Miami in partnering with the National Institute of Occupational Safety and Health through an MOU agreement to perform research related to firefighter cancers. ✓ Volusia County — Worked with Volusia to secure $328.9 million in direct grant funding through the CDBG Disaster Response funding for restoration, mitigation, and economic development. Amanda L. Wood Senior Federal Advocacy Director Washington, D.C. 202.621.7122 AWOOD@beckerlawyers.com Amanda Wood has extensive knowledge and relationships on Capitol Hill and the Administration. She began lobbying in 2005 after serving on the staff of former Senator Bob Graham for eight years and as his last Senate Legislative Director. Ms. Wood's experience working on Capitol Hill and representing local governments offers clients expertise on federal issues related to transportation, economic development, natural resources, disaster preparedness and recovery, water resources, science, technology, NASA, law enforcement, and social services. She has developed a specialty in accessing criminal justice equipment and law enforcement training funds through programs run by Depaitments of Justice, Homeland Security, and others. She has also had great success representing long-time client, ShotSpotter, a technology local governments use to detect gunshots location. Ms. Wood represents a mix of public and private sector clients, including serving as the lead lobbyist for Hennepin County, Minnesota, Sarasota and Collier counties in Florida, Cape Coral, FL, Davie, FL, and SoundThinking (formerly "ShotSpotter"), among others. Ms. Wood develops and executes federal government relations strategies and guides clients through the federal funding process, including the House and Senate's budget and appropriations committees and federal grant opportunities. She has achieved success through strategic, direct communication with her clients and federal decisionmakers and a comprehensive approach to researching community - specific federal funding opportunities Amanda takes pride in helping clients communicate effectively with federal officials and identify and secure appropriations and grant funding that fulfills local needs. She has successfully secured federal funding through congressional appropriations and agency grant awards. She enjoys working with clients to help them understand Federal opportunities, develop proactive strategies to secure funding, expedite federal approvals, and remove roadblocks. She presents regular updates to her clients regarding Congressional activities and political impacts on their policy priorities. 41 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Education & Training • Georgetown University, B.S., Walsh School of Foreign Service 1998 Examples of Client Accomplishments ✓ Secured a $13 million US Department of Transportation (USDOT) TIGER Grant for transportation infrastructure for Collier County. The highly competitive grant was won on a re- application following a high-level debrief with USDOT and outreach from the entire delegation, including then -House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R- FL). The Becker team worked closely with USDOT's Office of Intergovernmental Affairs to achieve this significant win for Collier County. ✓ Secured $9+ million for Collier County to purchase new buses and rehabilitate its existing operations and maintenance building. We helped the County design a well -aligned project with both the grant requirements and our knowledge of FTA's priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership. Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz-Balart. ✓ Sarasota County received a $105 million low -interest loan to upgrade and expand a water reclamation plan through the US EPA Water Infrastructure Finance and Innovation Act. The funds will pay for half of the County's planned enhancements to the Bee Ridge Water Reclamation Facility to meet national requirements by 2025 to make water safer and expand the treatment capacity to 18 million gallons per day. The County will realize long-term savings in the millions of dollars. ✓ Worked with the Federal Emergency Management Agency (FEMA) to reach a favorable determination on appeals of FEMA's de -obligation of disaster recovery expenditures related to the hurricanes from over a decade ago for clients including Collier County, the City of Cape Coral, and the Town of Davie. ✓ Assisted the City of Cape Coral in securing funding through the Paul Coverdell forensic science grant, which resulted in the award of $93,796 in competitive U.S. Depaituient of Justice (DOJ) funds to the Cape Coral Police Department. ✓ Secured $2.4 million under the US Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie for new self-contained breathing apparatus (SCBA) and an air compressor cascade system for frontline fire engines and rescue units. ✓ Guided and advised public safety innovator ShotSpotter and its local government clients in securing over $10 million in federal funding to protect their communities through Gunshot Detection System coverage. ✓ Secured support for tax-exempt status of municipal bonds and successfully eliminated language in the final tax package that would have impacted bonding to construct professional sports stadiums creating significant savings for local governments. 42 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Anthony Bedell Senior Corporate and Government Relations Director Washington, D.C. s] 202.621.7122 E abedell@beckerlawyers.com Anthony Bedell serves as Senior Corporate and Government Relations Director. He advises clients on using a bipartisan and diverse approach to strategically and tactically achieve successful public -policy initiatives strategically and tactically with federal, state, and local governments. Anthony is best known for his Transportation policy and funding expertise based on his high-level positions at USDOT, including shepherding the confirmation of the former FAA Administrator. Anthony has also worked with the new Acting Administrator Polly Trottenberg. Some of his notable clients include the Virginia Port Authority, the City of Virginia Beach, Broward Metropolitan Planning Organization (MPO), Transurban, Hitachi USA, National Association of Waterfront Employers, NTT, Tritium, and Railspire. On May 1, 2017, he was appointed Deputy Assistant Secretary for Intergovernmental and Tribal Affairs by U.S. Secretary of Transportation Elaine L. Chao. Secretary Chao then promoted Bedell to Deputy Assistant Secretary for Congressional Affairs. The number two governmental affairs position in the Office of the Secretary on March 31, 2019. His duties included acting as Secretary Chao's liaison and surrogate to the U.S. Congress, executive branch departments and agencies, all 50 state Governors, state legislatures, state departments of transportation, regional transit authorities, ports, airports, mayors, county boards, city councils, tribal councils, and national trade associations such as AASHTO, APTA, National League of Cities, and the National Association of Counties. He also served as one of the Department's appointed representatives on the Northeast Corridor Commission and NETT Council. Bedell's experience and unique understanding of the Executive Branch, Congress, States, Localities, and the business world have translated into successful results working on numerous public policy initiatives over the last 25 years. Before joining U.S. DOT, Bedell was President of Red Five Strategies, a prominent government relations firm he started in 2014. He was also the former Director of Federal and State Government Affairs for a Fortune 500 software company. In that role, Bedell was responsible for operating the company's Federal and State government relations programs and contributing to the growth of several of the company's software programs. Bedell also has additional executive branch experience. In 2001, he was appointed by U.S. Secretary of Labor Elaine L. Chao as Senior Legislative Officer for Congressional Affairs, handling various legislative matters for the U.S. Department of Labor. In 2003, he was appointed Associate Administrator for the Office of Congressional and Legislative Affairs by U.S. Small Business 43 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Administrator Hector V. Baretto, where he served as chief advisor to the Administrator. Governor Robert F. McDonnell appointed Anthony Bedell to serve a four-year term on the Board of Visitors of Radford University. He was elected Rector of the Board of Visitors for the 2015 and 2016 academic years. He led the successful Presidential Search Committee responsible for hiring the former President of Radford University (2016). He also served as the Governance, Athletics, and Administration Committee 2014-2015 Chairman. In 2021, Virginia Speaker of the House J. Todd Gilbert appointed Bedell to the Northern Virginia Transportation Authority, a regional transportation planning agency providing him with local insights. In 2022, Governor Glenn Youngkin appointed Anthony to the Virginia Commonwealth University Board of Visitors. In December 2023, Speaker Todd Gilbert also appointed Anthony to the Metro Reform Commission. He currently Chairs the Finance and University Resources Committee and serves on these Committees: Audit, Integrity and Compliance, Intercollegiate Athletics, Health System Committee and the VCU BOV/VCUHS BOD Joint Task Force. Bedell's experience and unique understanding of the Executive Branch, Congress, States, Localities, and the business world have translated into successful results working on numerous public policy initiatives over the last 25 years. Education & Training • Virginia Commonwealth University, B.A., Political Science, Government, 1996. He is also a veteran of the United States Air Force (1990-1996). Examples of Client Accomplishments ✓ Virginia Port Authority — Secured $20 million from US Depaitment of Transportation (USDOT) for Virginia Port Authority, the largest Port infrastructure grant in the country in 2020. After years of trying, VPA succeeded with the Becker team's three-dimensional strategy: politics, policy, and impact. Becker also used regional economic data and support from a regional coalition of Congressional Members (Virginia and others) to make a winning case for the port. In addition, we secured $2.1 million in federal highway funding and $83 million in New Starts funding in the FY22 budget for $107.1 million in only the first contract year. The Army Corps funded an award of $69.3 million for the Port to dredge the harbor to 55 feet, a significant victory to help expand one of the fastest -growing ports in the country. After a three- year delay, the Becker team helped secure the funding by coordinating a political strategy with contacts at the White House, OMB, and the Army Corps. ✓ Broward Metropolitan Planning Organization -Secured $16 million for safety upgrades at rail crossings for passenger and freight trains across six cities. Funds from the Federal Railroad Administration (FRA) in the "first -ever dedicated grant program" to help communities eliminate rail crossing -roadway intersections that have been the scenes of deadly vehicle -rail collisions. ✓ City of Alexandria — Worked with Congressman Don Beyer and his staff to secure over $3 million in earmark funding for the City in FY24. $670,000 for the Crime Prevention Pilot Program to support enhanced technology, including In -Car Cameras, Fixed License Plate Readers (LPRs), and Surveillance Trailers; $963,000 for the Virginia Tech "Smart Mobility Lab" to invest in initial research and technology development where gaps exist to attract and leverage industry engagement; $500,000 for the restoration of Affordable Housing at Pendleton; $1,000,000 to fund the construction and implementation of up to two on -route fast 44 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker chargers within the City. ✓ City of Virginia Beach — Secured $3 million for the Laskin Road Phase I-B Project to provide increased capacity and safety improvements along Laskin Road from Red Robin Road to Oriole Drive, a distance of approximately 0.6 miles. This project adds an additional lane in each direction, widening this section of Laskin Road to a six -lane divided highway. Anthony and the Becker team also obtained $693,000 for Virginia Beach Police Depaitment's Creeds Training Facility. This funding will support a separate, new "simmunition" training structure, complete with a classroom and defensive tactics training mat room, allowing for the expansion of advanced training evolutions and preventing the overuse and deterioration of existing structures. Perry S. Adair Attorney at Law Washington, D.C. e9202.621.7122 psadair@beckerlawyers.com Perry S. Adair is an attorney and government relations consultant in Becker's Federal Lobbying Practice. He oversees the congressional appropriations process for the Federal Practice's municipal and nonprofit clients to help fund their major projects through congressionally directed spending. During law school, Perry worked in the Legislation & Authorities Division of TSA's Office of Chief Counsel where he helped craft and shepherd the agency's policy proposals and oversight responses through Congress. Perry has also served in Becker's Miami and Tallahassee offices in the Litigation and State Lobbying Practices, respectively. Prior to earning his law degree, Perry successfully managed the 2016 reelection campaign of former Florida State Representative Michael Bileca. He also served as a legislative intern to former U.S. Representatives Ileana-Ros-Lehtinen (FL-27) and Carlos Curbelo (FL-26), for whom he drafted detailed policy memoranda and public remarks Education & Training • Georgetown University, J.D., 2020 • Florida State University, B.S., Political Science; Marketing, 2016 45 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Jose K. Fuentes Senior Government Relations Consultant Miami d 305.262.4433 a JFUENTES@beckerlawyers.com vCard in Jose Keichi Fuentes has a strong network of contacts and over 40 years of experience working in government and politics. He is a government relations professional who represents public and private sector clients in environmental, public safety, infrastructure, health care, engineering, construction, food services and water resources. Clients include the City of Miami, City of Homestead, Village of Pinecrest, City of South Miami, Village of Virginia Gardens, City of North Miami Beach, City of Sweetwater, City of Miami Springs and Town of Medley. In the private sector, he represents Brown & Caldwell, Sound Thinking, NV2A, Aetna CVS, Motorola Solutions, Moffatt & Nichol, TYLin Group, Yunex, American Transportation, T-Mobile, ProKel Mobility, Tetra Tech, Introba and Mitsubishi. His extensive lobbying experience at the highest level of local, county and state has helped him contribute to the passage of numerous legislation. He has also secured funding for the municipalities he represents through the allocation of major infrastructure projects funding. During his time as director of the South Florida Water Management District, Regional Office, Mr. Fuentes was instrumental in securing funds for key water projects in Miami -Dade County. Professional & Community Activities Mr. Fuentes is committed to public service as proven through his community, civic and volunteer work. He currently serves as a member of the Board of Directors for the United Way of Miami -Dade, Board Member of the Greater Miami Chamber of Commerce and Chairman of United HomeCare Services. He has served on the Board of Trustees and was elected Vice Chair of Miami Dade College, the largest and most diverse college in the nation. He has served on the executive board of the Chamber of Commerce and has served as Chairman of the Governmental Affairs Group where he played a key role in engaging the Chamber to support the High -Speed Rail and Port Miami's Tunnel Project and numerous other legislative issues that impact South Florida. He is a member of the City of Miami's Mayor's International Council and has served on the Executive Committee of the Miami -Dade County Republican Party. Mr. Fuentes is a serving member and previous Chairman of the Miami -Dade County Asian -American Advisory Board. Mr. Fuentes has been very involved in activities enhancing the relationship between Japan and Miami. He was recognized by the Japanese Ministry of Foreign Affairs (MOFA) with a commendation for his work in helping to strengthen the relationship between the U.S., Florida, Japan and Latin America. He serves as Chairman of the City of Miami Kagoshima Sister Cities Committee and was invited by the Japanese MOFA to participate as a member of the Japanese American Leadership Delegation (JALD) in 2006. He has led 46 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker numerous delegations to Kagoshima, Japan and for the first time in 25 years, the group was accompanied by the City's Mayor. Mr. Fuentes assisted in the coordination of a trip in which the Miami Marlins visited Kagoshima. Recently, Mr. Fuentes helped coordinate a mission to Tokyo in cooperation with Miami -Dade County's Office of International Relations. The trip was a first, which included the County Mayor, Commissioners and Miami -Dade Department Directors. He also helped coordinate a transportation trip on Japanese technologies for the Miami -Dade Transportation Planning Organization (TPO) in conjunction with USJC Tokyo office. Mr. Fuentes was freshly appointed by the Council General of Japan in Florida to serve as the Co -Chair of the Greater Miami Japan American Society. Education & Training • St. Thomas University, B.A. and Miami Dade College Types of Projects and Size of Projects: ✓ City of Miami — Jose has had tremendous success obtaining funds for the City of Miami. He has helped secure $1,500,000 for East Auburndale drainage & flooding mitigation; $2,269,619 for Kinloch flooding mitigation & road reconstruction; $800,000 for the Fairlawn Community stormwater & drainage; $3,000,000 for East Flagami flooding mitigation; $1,500,000 for roadway reconstruction & installation of traffic calming devices; $2,500,000 for pump station upgrades; $100,000 for tidal valves & flood improvements; $1,052,000 for localized flooding improvements for District 3; $1,605,000 for drainage improvements for SW 27th Street; $1,000,000 for the Tamiami Boulevard roadway reconstruction; $1,250,000 for the Auburndale roadway, drainage & traffic calming improvement; and $1,000,000 for traffic calming & pedestrian safety program for District 4. ✓ Village of Pinecrest — Secured $700,000 for stormwater improvements; $3,900,000 for the water line extension project; and $500,000 for stormwater improvements. ✓ City of Sweetwater — Secured $500,000 for north drainage improvements; $300,000 for Carlow Park improvements; and $600,000 for the SW 5th Terrace drainage improvements. ✓ City of South Miami — Secured $3,500,000 for a new police station and $1,800,000 for a septic to sewer project. 2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub -Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications relevant to the services requested in this Solicitation, of each Sub - Consultant. The K&S team includes well-known figures in public policy advocacy, each with decades of experience at the highest reaches of government, including former U.S. Congressmen from Florida Kendrick Meek, Ander Crenshaw, as well as Tom Spulak and Allison Kassir. 47 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Kendrick B. Meek Senior Advisor, Miami Government Advocacy and Public Policy (305) 462-6022 kmeek@kslaw.com Kendrick Meek currently serves as a senior advisor to a diverse group of companies in the healthcare, homeland security, agriculture, and financial services sectors, drawing upon strategic skills developed over a long tenure in politics, including his time in the U.S. House of Representatives, Florida State Legislature, and as Special Representative to the United Nations. From 2002 to 2010, Mr. Meek represented the 17th Congressional District of Florida. During his time in Washington, Congressman Meek's open-minded and bipartisan outlook allowed him to navigate a broad cross-section of Congress in order to achieve results for his constituents. Building on a strong legislative record in the Florida Senate and Florida House of Representatives, Congressman Meek was able to secure a spot on the House Ways and Means Committee. In that capacity, he was successful in sponsoring and passing legislation focused on tax, trade and healthcare issues. While in Congress, Mr. Meek devoted significant energy to engaging younger Americans in the political process by pushing for fresh ideas in Washington. He was the youngest Member of Congress to serve as Chairperson of the Congressional Black Caucus Foundation, and he was recently named Director Emeritus - one of only two former Members who has held this position. Mr. Meek works with U.S. corporations to develop and strengthen their corporate social responsibility initiatives. Mr. Meek is also deeply steeped in matters related to homeland security and international affairs. In 2011, President Obama appointed him as Special Representative to the United Nations. While in Congress, he was appointed to the NATO Parliamentary Assembly and served on both the House Armed Services and Homeland Security Committees. In those roles, he traveled extensively throughout Europe, Africa and the Middle East, engaging with foreign leaders on international security and trade matters. Thomas J. Spulak Partner, Washington, D.C. Government Advocacy and Public Policy (202) 661-7948 tspulak@kslaw.com ait Drawing upon his deep experience with the legislative process, Tom Spulak practice includes the development and execution of Legislative and Executive Branch strategies involving issues critical to domestic and foreign interests. His practice also includes advising corporations on complying with the vast array of laws that regulate the interaction of lobbyists with state and federal government officials. 48 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker As group co -leader of our Government Advocacy & Public Policy practice, Tom is actively involved in numerous lobbying efforts on the most pressing issues in Washington, involving tax, health, energy, defense, aerospace and appropriations. Tom counsels clients on the full suite of political law issues. He advises clients on complying with federal and state laws that regulate and require the reporting of lobbyist activities, and counsels clients on the ethical considerations involved when corporate representatives and government officials interact. He provides guidance on federal and state election laws and assists corporations with establishing and administering federal and state political action committees. Tom assists foreign entities in complying with the Foreign Agent Registration Act. And he assists tax-exempt organizations with understanding and complying with provisions of law that regulate lobbying and political activities. Before entering private practice, Tom served as Staff Director and General Counsel of the House Committee on Rules, as well as General Counsel to the U.S. House of Representatives. Tom was recognized as a leading government relations lawyer by Legal 500 in 2015 and 2016. He was also ranked by Chambers USA in 2011-2014, and by The Best Lawyers in America in 2013. Tom is an adjunct professor at Florida State University College Of Law where he teaches political law. Ander Crenshaw Senior Counsel Government Advocacy and Public Policy (202) 626-8996 acrenshaw@kslaw.com Former Congressman Ander Crenshaw was elected to the U.S. Congress in 2000 and represented Florida's Fourth Congressional District in the U.S. House of Representatives for sixteen years. During his tenure in Congress, he served on numerous committees including the House Appropriations Committee, where he chaired the Financial Services and General Government Appropriations Subcommittee. He also sat on the Defense Appropriations Subcommittee and State and Foreign Operations Appropriations Subcommittee. Congressman Crenshaw also served as a Deputy Majority Whip. As Chairman of the Financial Services and General Government Affairs Subcommittee, Congressman Crenshaw was charged with the oversight and funding of the Department of the Treasury, Securities and Exchange Commission, Internal Revenue Service, Federal Trade Commission, and Federal Communications Commission, among others. In this role, he also led efforts to reform the Consumer Financial Protection Bureau and other aspects of the Dodd -Frank Act. He was previously a member of the Florida House of Representatives and then the Florida Senate where he was the first Republican ever elected president. Originally a member of the House Armed Services, Budget, and Veterans Affairs committees, Congressman Crenshaw also was active in international affairs and established himself as a respected voice on military issues. A champion for our men and women in uniform, he advocated for strengthening the nation's defense capabilities and secured funding for numerous projects involving the U.S. Navy, U.S. Marine Corps, the Coast Guard, and Customs and Border Protection Services in 49 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker particular. In 2013, Navy Secretary Ray Mabus recognized Congressman Crenshaw's dedication to the nation's Sailors and Marines and awarded him the Navy's highest civilian honor — The Navy Distinguished Public Service Award. Allison F. Kassir Senior Government Relations Advisor, Washington, D.C. Government Advocacy and Public Policy (202) 626-5600 akassir@kslaw.com Allison Kassir develops and implements legislative and executive branch strategies related to health care, energy, climate change, national security, and education. She has particular expertise in creating and representing new coalitions on targeted policy issues. Allison also works as part of the firm's congressional investigations practice to represent clients before House and Senate Committees, as well as the Government Accountability Office. Allison was a recipient of NILE's "Top Lobbyist" award and The Hill's "Top Lobbyist" award in 2023. Allison served in a variety of positions on Capitol Hill, including as a senior policy advisor to a Member of Congress and as part of the Member Services Team of the House Armed Services Committee. She also served as a special assistant to the Secretary of Defense. 50 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker 3. Provide an organizational chart, showing all key personnel, including titles, and Sub -Consultants, that will perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include the functions to be performed by the key personnel/Sub-Consultants. Omar Franco BECKER Federal Lobbying Lead Responsible for Client Communication, Overall Strategic Direction, & Execution of the Agreed -Upon Work Plan: Primary Liaison to City; Focus on Executive Agencies. Florida Delegation: Hispanic Caucus; House & Senate Appropriations; Transit, Aviation; Environment, Public Safety Clarence Williams BECKER House of Representatives Committees; Appropriations; Agency Policy and Funding; Focus on Housing, Health. Education, Economic Development, Department of Defense & Homeland Security Anthony Bedell BECKER USDOT and Agencies; House & Senate Transportation Appropriations & Policy Committee Leadership; Liaison to Transportation Trade Groups and Allied Organizations Amanda L. Wood BECKER Appropriations; Agency Grant Funding; Focus on Clean Energy, Resiliency, EV Charging infrastructure; Public Safety & Infrastructure Perry S. Adair BECKER Focus on Appropriations; Agency Grant Funding Jose Keichi Fuentes BECKER Local Liaison Helps Keep Federal Lobbyists Aware of Current Events. Local issues, and News, Available for Loral Meetings in Miami Kendrick B. Meek KING & SPALDING Subcontractor Focus en Healthcare; Homeland Security; Agriculture; and Financial Services; Florida Senate and Florida House of Representatives ThomasJ. Spulak KING & SPALDING Focus on Tax; Health; Energy; Defense; Aerospace; Appropriations Ander Crenshaw KING & SPALDING House of Representatives Committees; Appropriations; Focus on Military issues Allison F. Kassir KING & SPALDING Focus on Healthcare; Energy; Climate Change, National Security; Education 51 www.beckerlawyers.com Florida 1 New Jersey 1 New York Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Proposed Approach to Providing the Services 1. Confirm and describe Proposer's ability to fulfill all requirements identified within Section 3.1, Scope of Work. Becker's federal lobbying practice provides clients with the best of both worlds: a small, hands-on lobbying boutique with specialized expertise in federal lobbying and funding for local government, along with a large law firm's resources. Our lobbying team has the experience, knowledge, relationships, and ambition to exceed the minimum requirement set forth within the Scope of Work. Our proven track record of success includes assessing client's needs, identifying opportunities with an agency or member's priorities, and then strategically matching needs with opportunities. This process may seem simple, but it requires finesse, sophistication, and tenacity. The Becker team will work with the City to develop, pursue, and achieve your legislative and funding goals using the following recommended approach: - Work with the Mayor, City Commission, City Manager, City Attorney, and other City personnel designated staff from City Departments to learn more about City programs, needed changes, new opportunities, and challenges; - Develop legislative priorities with corresponding data and anecdotes to create legislative agenda with City leaders that effectively communicates Miami's legislative mission; - Create a process for securing ongoing input from City's team; - Finalize legislative strategy working with the City's team to advance the goals or amend or defeat adverse proposals while providing pro -active recommendations for future actions; - Provide ongoing counsel and strategic advice to the City regarding federal programs, and that can assist the City; - Conduct outreach to policymakers and perform independent research into federal programs regarding high priority funding areas to determine available grant programs and future funding opportunities; - Match City's individual program goals with identified opportunities; - Keep City officials informed of pertinent initiatives and plans related to funding or policy through meetings (in -person and virtual), regular written reports, and/or oral communications; - Monitor federal budget, new legislation, and agency actions that may impact the City's fiscal and programmatic interests and deliver the City's official position during the drafting and deliberation process; - Prepare "leave behind" materials to present to Members of Congress and their staff as well as other legislative panels and committees, including drafting of legislative language, testimony, amendment(s); - Review the plans of other local entities and organizations to identify issues that the City can support or may need to oppose; - Schedule meetings and visits with key administrators and officials from federal agencies, House and Senate members and staff, committee staff to strengthen relationships and thereby facilitate City's requests; 52 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker - Help coordinate meaningful Washington, DC lobby days for City officials and the community's private sector leaders to meet with agency heads, the executive branch and cabinet officials, and key legislators; private sector leaders can help make a case for transportation, education, and other priority funding as it relates to successful economic development for the community; - Identify and provide guidance on securing earmarks, pilot/demonstration projects, and grant funding opportunities in the City's priority areas; - Maintain positive working relationships with the congressional delegation, leaders of essential agency divisions, leaders in the House, Senate, and legislative staff; - Coordinate efforts with other local governments and their membership organizations such as the League of Cities to coordinate grassroots advocacy efforts; - Identify opportunities for City leaders to testify or provide thought leadership on key Miami issues and provide a briefing in advance of presentations; - Advise City leaders on relevant legislative, budget, regulatory proposals impacting City and assist with an appropriate response; Becker's lawyer -lobbyists are ideally situated to provide both legal and legislative analysis; - Maintain regular contact with City officials through phone calls and written reports monthly reports the rest of the year with policy updates and tracking; - Submit an annual report of legislative accomplishments and continuing opportunities; - Incorporate City officials and staff wherever appropriate to advocate for your legislative priorities and all other aspects of the lobbying process; local leaders who are active and visible in Washington, D.C. are most successful, so we look for opportunities to have clients testify at hearings and meet with members and executive branch officials as often as possible; - Set up site visits in Miami for legislators and policymakers to visit high -priority funding projects. In -person site visits go a long way towards changing hearts and minds; - Assist the City with obtaining data, reports, or other needed materials; - Provide 24/7 availability; City leaders will have the cell numbers of all Becker team members; we request the City designate at least one City representative to be on call 24/7 for immediate decision making when needed; - Integrate the City team into all aspects of the lobbying effort to ensure a robust and consistent message and action. 2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with the provisions set forth in Attachment E - Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances. Deep Dive Issue Research and Priority Setting: Upon being hired, we will quickly meet with City officials again to workshop the key issues and discuss the political and legislative landscape. We will continue to explore all aspects of the City's priorities and identify additional ideas to leverage funding and strengthen your position. Once priorities are established and we receive the City's final approval, we will develop a work plan with tactics, strategies, and a timeline. To assess opportunities, we will meet with the City team to analyze the current federal funding and policy priorities in each area and conduct long-term strategic analysis. We will develop a priority list of potential allies and their committee assignments. We will meet with Members, staff, and Congressional leadership and staff to evaluate opportunities and obstacles in each priority area. 53 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Concurrently, we will meet with Executive Branch officials to identify funding opportunities that match the City's priorities. We will focus our efforts on developing a federal strategy and work plan within the first 90 days. To do so, we will work closely with the City's team members to develop research, data, analysis, and stories in each priority area. As part of our congressional outreach, we will attend congressional hearings and markups on appropriations to assess opportunities in each priority area and research legislative history and background of relevant programs to develop innovative ideas for matching programs with priorities. Our work plan will also include lobbying team assignments and milestones for accountability. Legislative Advocacy: Once we have created our target list of priority congressional members, we will set up one-on-one meetings to introduce the City to targeted lawmakers. We will maximize the effectiveness of these meetings by demonstrating the City's impact on the lawmaker's district and regional labor market and economy. By presenting regional and multi -state economic impact, Becker lobbyists expand the number of congressional supporters far beyond Florida. Specifically, we will showcase the economic impact of the City, including how many constituents are employed and the number of indirect jobs created from the value provided by the City. We will prepare talking points representing Miami more strategically by engaging on policy matters and branding the City's mission and value-added offerings. Bill Tracking: Becker's "secret" formula for success is obsessively learning the institutional history behind an issue, reading every piece of legislation and funding request to ensure that our clients are protected. This practice helps us position our clients to be successful by knowing what legislation is moving, what legislation is "dead on arrival"; who are the champions and who are the antagonists; which committees are friendly, and which will hide a bill from ever seeing the light of day. Legislative intelligence is the key to effective lobbying. Our team knows where to get it and how to use it to represent our clients. The team uses "Bloomberg Government" to track priority bills and will assist Miami with tracking policy and funding relating requests and other relevant legislation. Public sector representation requires a deep understanding of government operations and the impact of politics on decision -making Our experience representing large urban and coastal communities provides a head start on priority issues such as water resources, flooding and resiliency, transportation/infrastructure, public safety, and appropriations. We are laser -focused on opportunities to support transportation projects that promote economic development through USDOT programs. We closely monitor House and Senate budgets, Administration's plans, and agency budgets. Appropriations, Earmarks, and Agency Funding Our greatest successes for clients have been in securing funding through the legislative appropriations and agency grant funding process. The Becker lobbying team is adept in the technical process of requesting and securing appropriations and the political process of identifying legislative champions and overcoming obstacles. The team will evaluate the City's funding needs and create a strategy for the City's priorities based on our knowledge of the delegation and committee chair's priorities. Our decades -long experience on Capitol Hill has produced remarkable results for municipal clients, especially in funding their priorities. Below is a list of the Becker Team's recent earmark funding successes, some of which are reflected above but demonstrate our ability to deliver for our clients' 54 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker diverse funding requests. Each request began with our "deep dive" research and priority setting approach described below in detail. FY 2024 Final Earmarking Funding Client Project Name Project Amount Broward Sheriffs Office Digital Forensics $525,000 Broward Sheriffs Office Real Time Crime Center $963,000 Broward MPO SR-5/US 1 $850,000 City of Alexandria Crime Prevention Pilot Program $670,000 City of Alexandria Smart Mobility Lab $963,000 City of Alexandria Pendleton Affordable Housing $500,000 City of Alexandria On -Route Charging $1,000,000 City of Cape Coral Septic to Sewer $1,000,000 City of Coral Gables Mobility Hub $2,500,000 City of Hialeah Police Fleet Revitalization Project $2,590,000 City of Miami Water Main Upgrades $1,000,000 City of Miami Little Haiti Youth Center $1,000,000 City of Miami Allapattah Community Action Center Renovations $2,853,787 City of Miami Allapattah Community Action Center Renovations $1,700,641 City of Miami Flagler Affordable Senior Housing $3,500,000 City of Miami Gardens Miami Gardens Multipurpose Center $1,000,000 City of North Miami NoMi Senior Center $850,000 City of South Miami Septic to Sanitary Sewer for Sub -Area K $1,750,000 City of Virginia Beach Virginia Beach Joint Operations Center $3,000,000 City of Virginia Beach Creeds Training Facility $693,000 City of Virginia Beach Laskin Road I-B $3,000,000 City of Virginia Beach Virginia Beach & Vicinity Coastal Zone Management Study $400 000 City of Virginia Beach Rudee Inlet $3,900,000 Collier County Transit Maintenance $4,190,000 FGCU Groundwater to Surface Water Quality Project $750,000 Florida Memorial University Cyber Innovation Hub Research and Research- related Technology and Equipment $900 000 Hennepin County Emergency Shelter System $750,000 Lauderhill Comprehensive Domestic Violence Approach $963,000 North Lauderdale License Plate Reader $750,000 Palm Beach County Advanced Water Purification Facility $959,757 55 www.beckerlawyers.com Florida 1 New Jersey 1 New York Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Palm Beach County Bus Shelter Expansion $500,000 Palm Beach County Workforce Affordable Housing Development $2,250,000 Sarasota County Fruitville Road Capacity Improvements $4,000,000 ShotSpotter Gunshot Detection and Location $740,000 SSVR VR Training $325,000 Tantalus City of Radford Smart Power Metering Implementation $500,000 Tantalus Village of Monroeville Grid $248,000 Town of Davie New River Estates Drainage $959,757 Urban League of Broward Village of Oakland Park $850,000 Virginia Port Authority Norfolk Harbor $47,450,000 TOTAL: $103,293,942 FY 2023 Final Earmarking Funding Client Project Amount Cape Coral Reclaimed Water Transmission Main $1,000,000 Chiles Group Gulf Coast Shellfish Restoration $2,500,000 City of Miami 8th Street Neighborhood Flood Mitigation $4,000,000 City of Miami Jose Marti Park Flood Mitigation Project $4,000,000 Davie Body -Worn Camera $800,000 Florida Gulf Coast University Coastal Ecosystem Health and Harmful Algal Bloom Dynamics $440 000 Florida Memorial University Entrepreneurship Center $1,500,000 Hennepin County Health Equity Legal Project $500,000 Hialeah Sewer Line Revitalization, Phase II $5,000,000 Hialeah Roadway Revitalization $3,000,000 Miami Gardens Repetitive Property Losses $750,000 North Miami Enhancements to the Museum of Contemporary Art $3,000,000 Sarasota County Legacy Trail Pedestrian Overpass $1,000,000 Sarasota County Widening Winchester Boulevard $1,000,000 University of Miami Marine Aquaculture Pilot -Scale Grow -out Module $750,000 Virginia Beach Law Enforcement Training Facilities $1,500,000 Virginia Beach Emergency Operations Center - IT Modernization $1,482,900 Virginia Beach Laskin Road $2,000,000 Virginia Beach Nimmo Parkway $3,000,000 Virginia Beach Virginia Beach Trail $750,000 Virginia Port Authority Craney Island Eastward Expansion $30,000,000 Virginia Union University Center for Technology and Innovation $2,000,000 56 www.beckerlawyers.com Florida 1 New Jersey 1 New York l Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker West Park Cultural Facility Development at McTyre Park $3,000,000 TOTAL: $72,972,900 FY 2022 Final Earmark Funding Client Project Amount Hennepin County Family Dependency Treatment Court $500,000 Broward Sheriffs Office Mental Health Diversion Project $563,000 City of West Park Drainage Improvement Project $400,000 Sarasota County Extension of Portable Transmission Main Project $1,000,000 Town of Davie Shenandoah Drainage Improvements $1,772,800 Hennepin County Hennepin Healthcare System $2,000,000 Neighbors and Neighbors Employ Miami Dade $500,000 Collier County Collier County Sidewalk Project $987,000 Sarasota County Sarasota County Legacy Trail Planning Design $990,000 Sarasota County River Road Regional Interstate Connector South Phase Design $1 000 000 TOTAL $9,712,800 In addition to funding successes, the Becker team has successfully navigated the complexities of government regulations and agency bureaucracy. We have solved problems for our local government clients, including: ✓ City of North Miami - The Becker team assisted in the re -certification of the City for the National Flood Program Community Rating System. The CRS program provides flood insurance discounts for community residents that take preventative measures to prevent flood and flood damage. We successfully reinstated North Miami's program status after being disqualified from the program for administrative reasons. The lobbying team worked with the City to develop incentives for Opportunity Zone projects through expedited permitting and zoning ordinances and advised the City about working with local developers and financiers for specific envisioned projects. ✓ City of Cape Coral (and other local governments) - Worked with the Federal Emergency Management Agency (FEMA) to successfully appeal the agency's denial of costs relating to FEMA's de -obligation of disaster recovery expenditures related to the hurricanes from over a decade ago. This issue led the Becker lobbying team to help spearhead the statutory change made to prohibit FEMA from denying the repayment of disaster related expenses to local governments. Secured legislative fix that will prevent FEMA from unreasonable deobligation more than three years after the project close-out. This statutory language was included in the FAA Reauthorization bills signed into law protects local governments from FEMA denials for reimbursement for storm related cleanup costs. ✓ Sarasota County - Assisted the County in ensuring that the "Waters of the U.S." regulations from the Environmental Protection Agency (EPA) and the Army Corps of Engineers were not applied in an unnecessarily broad manner These regulations would have had a significant impact on Sarasota, and we continue to work to ensure sensible regulation through the ongoing 57 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker "repeal and replace" effort. We also helped the County secure expedited reconsideration and approval of athlete visas for the World Rowing Championship and support municipal bonds' tax-exempt status. We succeeded in eliminating language in the final tax package that would have impacted bonding for constructing professional sports stadiums for large-scale tourism events. ✓ Hennepin County - The Becker team mobilized support from the Minnesota Congressional Delegation and helped the County comment on US Treasury Depaitment rules. The final Treasury rule on the American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF) provided greater flexibility in eligible uses for broadband grants. 3. Discuss Proposer's strategy for representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. The Becker team is ready to continue hitting the ground running for the City using our local knowledge of Miami and keen understanding of the Federal legislative, appropriations, and grant process. Therefore, we will recommend new short- and long-term strategies based on pending legislation, budget considerations, legislative and agency trends, committee and member priorities, and political activities. Of course, the plan will include specific objectives regarding important meetings with legislative leaders, development, and distribution of key messages in support of the City's priorities. Project Management Plan Upon hiring, we will meet with City officials again to workshop the key issues and discuss the political and legislative landscape for 2024 and beyond. We will explore all aspects of the City's priorities and may identify additional ideas to strengthen the City's position. Using a team approach, we will develop a federal lobbying strategy that includes key goals and tactics with time milestones throughout the year. Once our plan is set and priorities finalized, we will create a legislative agenda and customized workplan with tracking capabilities. You can count on the Becker lobbying team to provide the following and more legislative lobbying advocacy services for Miami. Our team's success relies on our ability to work cooperatively and benefit from the team's collective knowledge and contacts. Omar Franco will continue to be your primary point of contact and ensure responsiveness, accountability, and quality performance Client satisfaction is the top priority, and City leaders will have 24/7 access to the team leader to make any needed changes. An integrated team approach also creates synergies among team members, leading to innovative strategies and big ideas. The Becker lobbying team will be available 24/7 to the City. That is the philosophy of our lobbying team because the lobbying practice is a 24/7 business. Weekends and after- hours are nothing new for our team; we will be working all the time, whether at daytime meetings, evening fundraisers, or weekend social events, to gain knowledge, offer legislative intelligence, and advocate for the County. Brand lobbying is Becker's unique approach that integrates advocacy and reputation building to achieve client's goals and priorities. Instead of reactive lobbying directed at a specific and oftentimes urgent issue, we seek to create long-term relationships between our clients and key policy and decision- 58 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker makers. We continually set up one-on-one meetings between the City leaders and Congressional Members and staff. We create talking points to help showcase the City's needs and support thought leadership opportunities to position City leaders as leading experts. This allows us to represent our clients differently and more strategically by not only engaging on policy matters but also branding the City and its competitive advantages. In addition, we set up lobby day fly -ins, draft testimony, create collateral materials and support City officials at advocacy -focused conferences. Becker lobbyists are in the Capitol, at the agencies, or working the phones daily to advance federal funding and programs affecting the City's top priorities. We already know and work with the key players on the relevant committees, both members and staff, and we understand the federal programs available to meet the City's needs. You can count on the Becker lobbying team to provide the following and more legislative lobbying advocacy services for the City. Overview and Timeline for Developing and Executing a Federal Legislative & Executive Branch Lobbying Plan for the City of Miami 1. Assessment of Opportunities — Within the first 30 days a. Meet with the City's designated team to analyze each area's current federal funding and policy priorities and conduct long-term strategic analysis for future requests. b. Identify allies in the Administration and Congress c. Meet with members of the Congressional Delegation, Congressional leaders, and staff to evaluate opportunities and obstacles in each priority area. d. Identify and meet with Executive Branch officials to look for funding opportunities in priority areas — including federal grants, infrastructure funding, and earmarks. 2. Develop Federal Strategy and Work Plan — Within the first 30 days a. Ongoing communication with City officials to develop research, data, analysis, stories in each priority area. b. Review budget and leadership priorities to assess opportunities in each of the City's priority areas. c. Research legislative history and background of relevant programs to develop innovative strategies and tactics for matching programs with priorities. d. Finalize tactics for each priority issue. e. A written strategy on each program item within 60 days following approval of the program by the City. 3. Prepare Briefing and Other Materials in Each Priority Area — Within the first 30 days a. Work with the City team to research, prepare and finalize materials in each priority area. b. Develop talking points and background materials. c. Develop "leave -behind" materials for Members and staff to reinforce the City's critical messages after calls and meetings. 4. Outreach — Within the first 45 days and ongoing a. Meet with the Florida delegation to introduce the legislative priorities. 59 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker b. Share legislative agenda with relevant Federal agencies, industry groups, and influencers. c. Incorporate influencer input where appropriate to prepare for meetings between City representatives and federal leaders. d. Attend committee hearings, issue briefings, strategy sessions of interest for the City. e. Draft letters to send to congressional members and others regarding City priorities. 5. Advocate for Established Priorities — Ongoing a. Present specific requests to the Congressional Delegation to help advance the City's agenda with influential members of the U.S. House and Senate with legislative jurisdiction. b. Identify grant opportunities, review applications, provide technical assistance and strategy to enhance the likelihood of success. c. Use creative, innovative approaches to secure funding. d. Secure letters of support from allies. e. Draft legislative language, develop position papers, provide research and data as needed to support federal priorities. f. Review policy statements and coordinate where appropriate with allied associations to build coalitions supporting the City's agenda. 6. Establish positive relationships with decision -makers and create support in Congress and Administration for priority issues. — Ongoing a. Establish regular communication and visibility for City leaders through meetings, thought leadership, and site visits targeting key leaders and influencers. b. Help identify public policy issues for the City to demonstrate thought leadership (e.g., published articles, speaking opportunities) in media, industry groups, or with agency and congressional leaders. c. Coordinate site visits and accompany congressional members the City's leadership or highlight needs in priority areas. d. Identify opportunities and draft Congressional testimony for City leadership. e. Arrange meetings for City representatives with Members of Congress, their appropriations staff, and White House/Administration/Agency officials. f. Provide 24/7/365 support for City priorities. g. Develop meaningful agendas, talking points, and briefing materials. The picture above illustrates a typical meeting with Rep. Debbie Wasserman -Schultz, a member of House Appropriations Committee. h. Monitor and impact legislation and regulations affecting the City. i. Establish and maintain regular interaction and assist the City in establishing long-term relationships with influencers, industry groups with allied interests, and decision - makers. and staff to demonstrate 60 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker 7. Regular Communication with the County — Ongoing a. Create a calendar of issues and events during the Congressional Session and Committee meeting process. b. Written weekly activity reports on pending legislation and City priorities. c. Memo -style written reports detailing action taken during the month, status of issues, and anticipated activity during the upcoming month. d. Meetings and/or conference calls to update City staff on contacts and advocacy efforts and develop appropriate strategies. e. Regular, informal conversations and meetings on priorities, including any trends or intelligence that will help City leaders and staff stay updated on priorities. In person or video conference updates on the progress of the Federal agenda. f. In -person presentations to Commission and staff on status of Federal Agenda. g. A final comprehensive report on specific legislation or policies affecting the City. 61 www.beckerlawyers.com Florida 1 New Jersey New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Appendix Certification Statement Certification Statement Please quote on this form, if applicable, net prices for the items) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271, All exceptions to this submission have been documented in the section below (refer to paragraph and section), EXCEPTIONS: None. We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Becker & Poliakoff, P.A. ADDRESS: 1 East Broward Blvd., Ste 1800, Ft. Lauderdale, FL 33301 PHONE: 954.987.7550 FAX: 954.985.4176 EMAIL: grosen©be erlawy SIGNED BY: f/- TITLE: Pre-' DATE: 5/10/24 rs.com CE ptional): FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 62 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Certifications Legal Name of Finn: Becker & Poliakoff, P.A. Firm's Federal Employer Identification Number ("FEIN"): 59-1640708 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 1973 Office Location: City of Miami, Miami -Dade County, or Other Miami -Dade County Business Tax Receipt/Occupational License Number: BT-0000006939 Business Tax Receipt/Occupational License Issuing Agency: City of Coral Gables, FL Business Tax Receipt/Occupational License Expiration Date: 09/30/24 Will Subcontractor(s) be used? (Yes or No) Yes If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: King & Spalding LLP, 200 S Biscayne Boulevard, Suite 4700, Miami, FL 33131 FEIN Number: 58-0520153; The subcontractor is a provider of legal services and does not have license numbers. We can provide bar numbers and lobbyist registrations upon request. Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 5/10/24. Addendum No. 2, 6/4/24 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, # 10 Compliance with Federal, State and Local Laws, # 11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. Acknowledged 63 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Business Tax Receipt BECKER & POLIAKOFF PA BECKER 2525 PONCE DE LEON BLVD, STE 825 CORAL GABLES, FL 33134 DETACH HERE AND DISPLAY RECEIPT INA CONSPICUOUS PLACE CITY OF CORAL GABLES. FLORIDA OUST. NO. 010332 LOCAL BUSINESS TAX RECEIPT RECEIPT NO. BT-0000006939 rti4, /ri ANNTHISISNOTABILLDONOTPAYEIPT 2023-2024 BUSINESS NAME: BECKER & POLIAKOFF PA LOCATION: 2525 PONCE DE LEON BLVD DBA NAME: BECKER 825 CLASSIFICATION: NO. OF UNITS UNIT DESCR1PTION AMOUNT PAID: $ 574.80 1 Professional Service Corporate 2 3 4 5 6 SQUARE FOOTAGE OF SPACE: 6536 BUSINESS TAX RECPT RENEWAL VALID ONLY AT LOCATION ABOVE. *' This receipt does not constitute authority to begin operating at this location without a RECEIPT EXPIRES 09l30/2024 Certificate of Use and Inspection Approval** 64 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Addendum No. 1 Tag of i ixllt ANNIE PEREZ, CPPO ARTHUR NORIEGA V Procurement Director City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/kla BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: 65 DATE: 5/10/24 www.beckerlawyers.com Florida I New Jersey I New York I Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Addendum No. 2 Tau of Aintrti ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al . This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E — Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. 66 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Becker & Poliakoff, P.A. 67 DATE: 6/4/24 www.beckerlawyers.com City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Attachment B, Reference Submittal Form RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Becker & Poliakoff, P.A. Reference Section Summarized Requirements: Refer to the details in Section 2.10, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: City of Cape Coral, FL Address: 1015 Cultural Park Blvd, Cape Coral, FL 33990 Contact Person: Maureen Buice, Assistant to City Manager Contact Phone Number: (239) 242-3684 Contact E-mail (if applicable): mbuice@capecoral.org Date of Contract or Sale: 2014 — Present Past Performance Reference Check #2 Company/Organization Name: Collier County, FL Address: 3299 Tamiami Trail E., Suite 202, Naples, FL 34112 Contact Person: John Mullins, Director, Division of Communications, Govt. & Public Affairs Contact Phone Number: (239) 252-2520 Contact E-mail (if applicable): john.mullins@colliergov.net Date of Contract or Sale: 2015 — Present Past Performance Reference Check #3 Company/Organization Name: City of Hialeah, FL Address: 501 Palm Avenue, Hialeah, FL 33010 Contact Person: Mayor Esteban Bovo Contact Phone Number: (305) 883-5800 Contact E-mail (if applicable): mayorbovo@hialeahfl.gov Date of Contract or Sale: 201 1 — Present 68 City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Senator Marco Rubio's Letter of Support for The Underdeck MARCO RUBIO FLORIDA United Mates t$enatt WASHINGTON, DC 20510-0908 October 26, 2023 The Honorable Pete Buttigieg Secretary U.S. Department of Transportation 1200 New Jersey Avenue SW Washington, D.C. 20590 Dear Secretary Buttigieg: cor In-rEEs, APPROPRIATIONS FOREIGN RELATIONS SELECT COMMITTEE ON INTELLIGENCE SMALL BUSINESS AND ENTREPRENEURSHIP SPECIAL COMMITTEE ON ACING 1 write in support of the City of Miami's application for funding from the Neighborhood Access and Equity program for its Connecting Miami: I-395 Underdeck Heritage Trail project. The City of Miarni is home to more than 440,000 residents and is the largest city in Miami -Dade County. In the 1940s, the Overtown District was a thriving center of the African American community but has since experienced a decline. If awarded, funds would be used to reinvigorate the Overtown District by creating a 33- acre urban open space region featuring greenways and new bicycle routes designed for resiliency and would be aesthetic in nature. Funds would also be used to improve local traffic operations and safety conditions for residents and visitors traveling throughout the area and for emergency evacuation routes during natural disasters. I applaud the City of Miami's efforts to revitalize this historic region of South Florida and improve safety on its roadways to better connect residents and visitors traveling through the area. T ask for your full and fair consideration of their application. Sincerely, Marco Rubio U.S. Senator 69 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Congresswoman Maria Elvira Salazar's Letter of Support for Auburndale Flood Improvements CONGRESSWOMAN MARIA F. SAI.AZAR 27TH DISTRICT or FLORIDA U.S. HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 May 1, 2024 Dear Chairman Cole and Ranking Member DeLauro, COMMITTEE ON FOREIGN AFFAIRS COMMITTEE ON SMALL BUSINESS I am requesting funding for Auburndale Flood Improvements in fiscal year 2025. The entity to receive funding for this project is the City of Miami located at located between SW 32nd Ave to SW 37th Ave, and West Flager St to SW 8th St, Miami, FL. The funding would be used to install new drainage systems and raise roadways to address flooding in low lying areas. This is an appropriate use of taxpayer funds because it will help prevent flood and improve roadway conditions. The project has a federal nexus because the funding provided is for purposes authorized by 42 U.S.C. 5305(a)(2). I certify that I have no financial interest in this project, and neither does anyone in my immediate family. 70 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Congressman Mario Diaz-Balart's Letter of Support for Marked Police Cruisers Congress of ttlr aura, *tates douse of 1;cprrrntati»eg aalaslunvoli, IX 20315—‘k32G oe dGRL4fvnmey MSPAN!C CONfEREkGE May 1, 2024 The Honorable Tom Cole Chairman Committee on Appropriations U.S. House of Representatives Washington, D.C. 20515 Dear Chairman Cole and Ranking Member DeLauro: nA C.r>.omMoL,fl Oorcr e.n>mn W+w+An**sr, DC 2E515 Frew MI 224.&G7a The Honorable Rosa L. DeLauro Ranking Member Committee on Appiupiiations U.S. House of Representatives Washington, D.C. 20515 I am requesting funding for marked police cruisers for the City of Miami Police Department in fiscal year 2025. The entity to receive funding for this project is the City of Miami located at Miami Riverside Center, 444 SW 2nd Ave, Miami, Florida 333130. The funding would be used for the acquisition of marked police cruisers for the City of Miami Police Department. These marked police cruisers will make communities safer, help improve visibility for officers, deter crime, and create greater interactions within the community. The project is an appropriate use of taxpayer funds, as these resources will be used primarily for public safety and to ensure law enforcement officers are ready and able to keep our community safe. The project has a Federal nexus because the funding provided is consistent with purposes described in section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10152). I certify that I have no financial interest in this project, and neither does anyone in my immediate family. Sincerely, Mario Diaz-Balart Member of Congress 71 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Congresswoman Maria Elvira Salazar's Letter of Support for Marked Police Cruisers CONGRESSWOMAN MARiA E. SALAZAR 27TH DISTRICT OF FLORIDA U.S. HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515 May 1, 2024 Dear Chairman Cole and Ranking Member DeLauro, COMMITTEE ON FOREIGN AFFAIRS COMMITTEE ON SMALL BUSINESS I am requesting funding for Marked Police Cruisers in fiscal year 2025. The entity to receive funding for this project is the City of Miami located at located at 400 NW 2ndAve, .Miami, FL 33128. The funding would be used to acquire police cruisers with lights and sirens. This project is an appropriate use of taxpayer funds because it will increase community safety, improve officer visibility, deter crime, and enhance community interactions. The project has a federal nexus because the funding provided is for purposes authorized by authorized in of section 1701(b)(8) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10381(b)(8)). I certify that I have no financial interest in this project, and neither does anyone in my immediate family. Si ce e 'a Salaz ember of Congress 72 www.beckerlawyers.com Florida 1 New Jersey 1 New York 1 Washington, D.C. City of Miami, Florida RFQ 1790386 Federal Lobbying Services Becker Senator Marco Rubio's Letter of Support for the SAFER Grant Program MARCO RUBIO FLC.RIDA 'United States senate WASHINGTON, DC 20510-0908 May 15, 2024 The Honorable Deanne Criswell Administrator Federal Emergency Management Agency 500 C Street SW Washington, D.C. 20472 Dear Administrator Criswell: COMM-FEES, APPROPRIATIONS FOREIGN RELATIONS SELECT COMMITTEE ON INTELLIGENCE SMALL BUSINESS AND ENTREPRENEURSHIP SPECIAL COMMITTEE ON AGING I write in support of the City of Miami's application for funding from the Staffing for Adequate Fire and Emergency Response (SAFER) grant program to hire 24 new firefighters. Miami is the largest city in Miami -Dade County, with a population of more than 440,000 residents. The city has approximately 430 high-rise buildings, with more under construction. Approximately 100 of these are 400 feet tall or higher, which poses unique challenges to first responders when combating fires and other emergencies. This can strain the department's ability to respond in a timely manner. If awarded, funds would be used to hire 24 new firefighters, who will be stationed at the Southwest Ladder and Coral Way Corridor Engine Companies. The additional personnel would help improve the department's response times to emergencies and allow firefighters to have more rest time between their shifts which can often include threatening situations. 1 applaud City of Miami's application as it works to serve the community better. I ask for your full and fair consideration of their application. Sincerely, Marco Rubio U.S. Senator 73 www.beckerlawyers.com Florida I New Jersey I New York I Washington, D.C. Brumidi Group Contact Person: Jessica Black, Project Manager jblack@brumidigroup.com Firm Liaison: Charles Cooper, Managing Partner & Founder Primary Office Location: 221 10th St SE Washington, DC 20003 Business Phone: (202) 997-1236 Email Address: ccooper@brumidigroup.com Title: Federal Lobbying Services for Miami, FL RFQ Number: 1790386 Federal Employer ID #: 88-3072414 B, BR.,vIDI 42 GOLD The Art of Impact Ba Table of Contents Page 1 Executive Summary Page 2 Proposer's Relevant Experience, Qualifications, and Past Performance ➢ Page 2: Relevant Experiences ➢ Pages 2-3: Qualifications ➢ Pages 3-4 Comparable Contracts ➢ Page 5: References ➢ Page 6: Attachment B - Reference Submittal Form ➢ Page Knowledge of legislative, administrative, and regulatory processes at the federal level ➢ Page 7: Understanding of large urban areas, including specific knowledge of the City of Miami ➢ Page - Experience lobbying at the federal level ➢ Page 7: Overall experience in lobbying for municipal governments Page 8 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services ➢ Pages 8-9: Key Personnel Experience and Qualifications ➢ Pages 10-14: Key Personnel Resumes ➢ Pages 15-16: Subcontractor Resumes, Experience and Qualifications ➢ Page 17 Key Personnel and Subconsultants Organizational Chart Page 18 Proposed Approach to Providing the Services ➢ Page 18, Fulfillment of the Scope of Work ➢ Page 18: Understanding of solicitation and Attachment E provisions ➢ Page 18: Federal lobbying strategy and Monitoring, Identifying, Interpreting, and Reporting on Key, Relevant issues Bil Executive Summary June 5th, 2024 Brumidi Group Charles Cooper (202) 997-1236 City of Miami: On behalf of Brumidi Group, I appreciate the opportunity to submit our proposal to provide federal lobbying services for the City of Miami. We believe that our bipartisan team, our experience working with local governmental entities, our strong record of success, and our expertise across a broad range of policy and funding issues align with the City's priorities. Our partnership with The Southern Group, who will serve as subcontractors for this client engagement, will also inform a strategy that is deeply rooted in knowledge and insight local to Miami. We look forward to working with you to build and implement a sophisticated federal advocacy strategy that is unique to the City of Miami. This strategy will reflect near and long-term funding and policy goals, elevate the City's priorities among well -positioned policymakers, and include metrics that help identify when and where strategy adjustments are needed. At Brumidi Group, we pride ourselves on our strong, long-term relationships with our clients and our innovative approach to federal lobbying. We focus on building and implementing sophisticated strategies that are unique to every client engagement, believing that a narrow approach to lobbying is outdated and that leveraging the entire policy ecosystem is vital. Our work is grounded in metrics and continuous evaluation around tactics. Our team has deep expertise in the legislative, regulatory, and funding arenas, along with bipartisan networks across the House of Representatives, the U.S. Senate, the White House, and key federal agencies. We have a long history in Florida, representing large Florida -based organizations and companies. Additionally, we have decades of experience working in various senior positions in the House and Senate, including within offices for Members of Congress and Senators, House and Senate Committees and Subcommittees, and House leadership. Some positions we've held are: Chief of Staff, Chief Counsel, Legislative Director, and Professional Staff positions. Our experience in Florida includes working for a Member of Congress from the Miami delegation and a U.S. Senator from Florida. Brumidi Group was recently recognized as a Top -Performing Lobbying Firm by Bloomberg Government, and members of our team have been recognized as Top Lobbyists by The Hill for multiple years. Most importantly, we have been recognized by our clients through long-term relationships - some of which have lasted more than a decade. Before any new client engagement, we lead an onboarding process that helps our team align around the priorities, engagement history, advocacy culture, and goals of the new client. We would, for example, travel to Miami for a day to work through a series of topics that will help better inform our team and position Brumidi Group as an extension of your operation. We are hopeful that the information contained in this proposal provides some additional insight around Brumidi Group's advocacy philosophy, strong record for success, and excitement around the potential for working with the City of Miami. Sincerely, Charles Cooper Managing Partner, Brumidi Group 1 Proposer's Relevant Experience, Qualifications, and Past Performance Relevant Experiences Brumidi Group is headquartered in Washington, DC, and is structured as a partnership. The company was founded in November of 2022, although the entire team came from another firm where they worked together for many years prior. Charles Cooper leads the firm as Managing Partner and founded the firm with Madeline Wade, who also serves as Partner. Our flat organizational model allows for any client to access every member of the Brumidi Group team. We currently have six members of our team - all of which are exclusively focused on work related to the federal government. Brumidi Group represents a diverse portfolio of clients that are seeking policy or funding solutions, regulatory relief, risk mitigation, and policy brand elevation. We work only in the federal advocacy space and have decades of experience working in and around the federal government funding and policy process. Our team has a unique combination of expertise in various issue areas, strong networks, and an unparalleled ability to navigate the complexities of the policymaking process. We have - and always will have - an allergy to status quo strategies. We believe that every successful advocacy campaign is built around a strategy that is innovative and comprehensive. Our record with our clients - from municipalities to Fortune 100 companies - speaks for itself. We have written and passed many laws, secured critical funding and authorizations, elevated clients among their peers, and have been regularly recognized for the work we do. Qualifications: Governmental Representation and Consulting Brumidi Group has a proven track record of working with various government entities on both funding and policy matters. We intentionally do not build large portfolios of government clients in order to ensure that our clients get the personalized and unique services we are known for and to avoid conflicts of interest (i.e., competing for the same funds or regionally for similar requests). This allows our engagements to remain impactful and effective. Qualifications: Detailed Lobbying Experience The Brumidi Group's lobbying efforts are rooted in five key advocacy principles: (1) leading clients, (2) acting as an extension of the client's team, (3) maintaining constant communication, (4) developing innovative metrics -driven strategies, and (5) aggressively implementing tactics. Our company prides itself on being expert navigators of the policy ecosystem, providing our clients with unique approaches to advocacy and a long -history of successful outcomes. To meet the diverse needs of our clients, our areas of expertise are broad. Expertise among our team members covers all policy and funding areas outlined by the City of Miami. For example, one of our colleagues worked for the Transportation and Infrastructure Committee and led all economic development, emergency management, and public buildings for a subcommittee. Another one of our colleagues is a leader in tackling sustainability issues and infrastructure, including water. We are confident that all issues prioritized by the City of Miami will align with the expertise of our team and will be amplified by the unmatched strategy and sophisticated navigation shared by everyone at Brumidi Group. or— rrgl. E r PI"LiC 111411101Y {l;iiii?b .1111 11111111111111111 111111111.11II1`11111&1,, Proposer's Relevant Experience, Qualifications, and Past Performance Ba The Brumidi Group operates on the principle that every member of our firm is available for every client, so we bring in team members beyond our core client team when their specific networks and expertise are needed. This collaborative approach allows us to leverage the full breadth of our team's capabilities. Each client engagement is supported by: A dedicated client lead who coordinates the overall strategy and engagement. Senior team members who bring specialized knowledge and experience to the table. A team member responsible for tracking and analysis to ensure data -driven decision -making and strategy implementation. By maintaining a broad range of expertise within our team, Brumidi Group can address our client's diverse needs directly, ensuring consistency and quality in our consulting and lobbying efforts. Our greatest metric for success - in addition to a variety of recognitions we have received - is the longevity of client relationships. Our clients are long-term clients and rely on our team like they would their internal team. These relationships are the best illustration for how successful our approach has been. Comparable Contracts 1. NASPD Client: The National Association of State Park Directors Description: The National Association of State Park Directors (NASPD) is devoted to helping state park systems effectively manage and administer their state park system. The Association is composed of fifty state park directors, plus territories of the United States of America. Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Client contact person and phone number: Lewis Ledford, Executive Director, (919) 218-9222 Contract duration: Ongoing Example of Project Performed: We are constantly working to elevate the role of state parks and ensure State Park Directors have a seat at the table when Federal decision impacting these public lands are decided. We have engaged on a number of bills and National Park Service (NPS) initiatives that would create new collaboration opportunities between NPS and State Parks. We also are involved annually in the appropriations process to increase programmatic funding for LWCF Stateside. Proposer's Relevant Experience, Qualifications, and Past Performance 2. Lancaster County Client: Lancaster County, Nebraska Description: Lancaster County is a county government in Nebraska. It includes the City of Lincoln. Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Client contact person and phone number: David Derbin, Chief Administrative Officer, Lancaster County Board of Commissioners, (402) 441-6865 Contract duration: Ongoing Example of Project Performed: Brumidi Group regularly identifies sources of federal funding that align with Lancaster County's needs, including federal grant programs and congressional appropriations earmarks, and assists with submitting an optimal application. This process includes identifying priority projects, verifying eligibility and best practices through outreach to agency staff, and advising on the content and timing of applications. In FY24, Brumidi Group helped the County secure a $4.4 million earmark for a local street resurfacing project. We recently facilitated the submission of 3 appropriations requests for FY25. Brumidi Group also assisted the County in securing a $1 million grant to support the development of a Family Resource Center through the Department of Justice's Office of Juvenile Justice and Delinquency Prevention and supported the County in securing a Substance Abuse and Mental Health Services Administration (SAMHSA)-funded training on trauma -informed response. 3. NASORLO Client: National Association of State Outdoor Recreation Liaison Officers (NASORLO) Description? NASORLO is a professional society comprised of outdoor recreation administrators at the state level. These state officials administer the Land and Water Conservation Fund (LWCF) in partnership with the National Park Service. Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Client contact person and phone number: Eric Feldbaum, President, NASORLO, (603) 271- 3556 Contract duration: Ongoing Example of Project Performed: Brumidi Group successfully secured administrative support for the states. Through our advocacy, states now receive up to 7 percent of all LWCF Stateside funding (generally upwards of $200 million) towards state administrative support. These funds can go towards hiring employees, technology and office upgrades, and association fees. Through our partnership with NASORLO, we are skilled at highlighting states' wins and identifying regulatory gaps where federal decision makers can make it easier for states to achieve their goals. What we have found is that congressional and agency officials are eager to hear what is working and not working on the ground in local communities, as well as to hear innovative approaches to solving national problems. Proposer's Relevant Experience, Qualifications, and Past Performance References 1. NASPD Organization Name. The National Association of State Park Directors (NASPD) Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Scope of work description: Brumidi Group acts as the prime contractor for NASPD. We handle all federal issues related to state parks. This includes work with the National Park Service and Congress on state park revenue, federal -state partnerships, and education to offices on the importance of state parks. Client contact person and phone number: Lewis Ledford, Executive Director, (919) 218-9222. 2. Lancaster County Organization name: Lancaster County, NE Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Scope of work description: Brumidi Group acts as the prime contractor for Lancaster County. We act as a liaison between the County and congressional staff and federal agencies, as well as strategic advisors on obtaining federal funding. We communicate with the County on a near daily basis to provide status updates and pertinent information. Client contact person and phone number David Derbin, Chief Administrative Officer, Lancaster County Board of Commissioners, (402) 441-6865. 3. NASORLO Organization name: National Association of State Outdoor Recreation Liaison Officers (NASORLO) Contract term dates: Contract operates on an annual basis and has been renewed at the end of the term. Scope of work description: Brumidi Group acts as the prime contractor for NASORLO. Through our work with NASORLO, we cultivate champions for the Land and Water Conservation Fund, advance states' participation in programmatic decisions, and increase funding for the program. Client contact person and phone number: Eric Feldbaum, President, (603) 271-3556. 5 RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Brumidi Group Reference Section Summarized Requirements: Refer to the details in Section 2.10, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: The National Association of State Park Directors (NASPD) Address: PO Box 24114 Winston-Salem, NC 27114-4114 Contact Person: Lewis Ledford- Executive Director Contact Phone Number: (919) 218-9222 Contact E-mail (if applicable): lewis@stateparks.org Date of Contract or Sale: Contract operates on an annual basis and has been renewed at the end of the term. Past Performance Reference Check #2 Company/Organization Name: Lancaster County, NE Address: 555 S 10th Street, Lincoln, NE 6850 Contact Person: David Derbin, Chief Administrative Officer, Lancaster County Board of Commissioners Contact Phone Number: (402) 441-6865 Contact E-mail (if applicable): dderbin@lancaster.ne.gov Date of Contract or Sale: Contract operates on an annual basis and has been renewed at the end of the term. Past Performance Reference Check #3 Company/Organization Name: National Association of State Outdoor Recreation Liaison Officers (NASORLO) Address: 172 Pembroke Road, Concord, NH 0330 Contact Person: Eric Feldbaum, President, NASORLO Contact Phone Number: (603) 271-3556 Contact E-mail (if applicable): eric.m.feldbaum@dncr.nh.gov Date of Contract or Sale: Contract operates on an annual basis and has been renewed at the end of the term. Proposer's Relevant Experience, Qualifications, and Past Performance Bil Knowledge of legislative, administrative, and regulatory processes at the federal level Our team includes former senior staff members for Congressional committees, Congressional leadership, House Members, and Senate Members. Brumidi Group team members were responsible in their government roles for creating legislation, navigating the regulatory process, and working with agencies and the White House of administrative directives. Expertise on these processes and navigating the broader policy ecosystem is what the Brumidi Group was founded on. We understand and know the process because we lived the process in senior decision -making roles prior to moving into the private sector. We leverage that expertise daily to inform strategies and to provide innovative ways to advance our clients' goals. Understanding of large urban areas, including specific knowledge of the City of Miami Our Managing Partner, Charles Cooper, worked for both a U.S. Senator from Florida and also a U.S. Member of Congress from Miami. His work on Capitol Hill included securing funding for Miami -area projects, including major transportation projects, and working with the region to ensure infrastructure was well - funded. We have also worked on many issues impacting large urban areas on housing, water, parks and green spaces, transportation, workforce training, and a range of other issues across a variety of regions. Experience lobbying at the federal level ➢ Lobbying and Employment Experience: Our individual experience working for the federal government is outlined in detail within the "Relevant Experience and Qualifications of Key Personnel" section. In summary, members of our team have held senior positions within the federal government and have a significant amount of experience lobbying Capitol Hill, the White House, and federal agencies since their departure from the federal government. We leverage decades of expertise- both as government employees and lobbyists- to ensure our clients are getting experienced and knowledgeable consultants that can anticipate actions before they happen, secure champions for emerging issues, have strong networks, and build a strategy that is effective in meeting key goals. ➢ A Bipartisan Commitment to Lobbying: At Brumidi Group, we fundamentally believe that advocacy must be bipartisan to be successful. The current political landscape (and virtually any scenario in the upcoming 2024 election) requires both Republican and Democratic support to advance issues. Brumidi Group is a bipartisan firm with a bipartisan focus. Advocacy campaigns that focus on one party bring additional risk to clients and are largely ineffective. We value our bipartisan networks and a team that is well-known on both sides of the political aisle. Every member of our lobbying team has experience leading advocacy efforts in Congress, the White House, and federal agencies. Deeply rooted in sophisticated strategies, our team has been responsible for vital wins and have positioned countless clients to be successful in an evolving and complex policy landscape. Overall experience in lobbying for municipal governments Brumidi Group has strong experience working with municipal governments, relevant associations for local governments, and the issues that are unique to local governments - especially around annual funding opportunities. We choose not to represent many local governments simultaneously due to concerns about conflicts of interest. We believe that repeatedly approaching the same staff with many requests for similarly situated clients is not in the best interest of our clients. That being said, we do work with municipal governments and have had significant success in securing funding for them and helping to map out where new or emerging federal funding opportunities (or policy opportunities) may exist. We are proud of our record of success in all of our client engagements on behalf of municipal governments. 7 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services Key Personnel: Brumidi Group Team (Based in Washington, DC) Charles Cooper Managing Partner & Founder Madeline Wade Partner & Founder Brett Fulcer Vice President Bil Charles has been a leading voice on Capitol Hill and within the lobbying community for more than two decades and has been recognized several times as Top Lobbyist by the Hill. He served both in the Senate and House of Representatives for 11 years in various senior staff positions, including Legislative Director, Policy Director, and Chief of Staff to two House leadership offices and a Member of Congress. Charles' areas of expertise include: (1) designing comprehensive lobbying strategies, (2) surface transportation policy (including highway, transit, and bicycle / pedestrian infrastructure), (3) urban and rural outdoor recreation infrastructure policy, and (4) housing policy. Charles' core responsibility with the City of Miami will be to lead in the development of the outreach and lobbying strategy, helping to elevate the brand of the City of Miami throughout the policy ecosystem. He will also be responsible for leading outreach to the House, the Senate, the Department of Housing and Urban Development, and the Department of Transportation. Madeline is widely recognized as a leader across the environmental, water, and sustainability sectors. She worked for a Committee Chairman in the House of Representatives before helping to lead the environmental and sustainability practice at a large lobbying firm. Her areas of expertise include: (1) environmental policy, (2) sustainability and climate policy and funding, (3) water policy, (4) state and local park policy and funding, and (4) outdoor infrastructure funding for underserved communities. Madeline's core responsibility with the City of Miami will be strategy implementation, outreach to the House, Senate, and Environmental Protection Agency. Brett has a long history leading policy work around economic development, transportation, public safety, emergency management. He leads Brumidi Group's work around the annual funding process where he has been successful in securing needed funding for local governments. Brett worked for a Member of Congress, the House Transportation Committee, and the Subcommittee on Economic Development, Emergency Management, and Public Buildings. He previously led the Committee's work on economic development and drafted the most recent reauthorization of the Economic Development Administration (EDA). His areas of policy and funding expertise include: (1) economic development, (2) emergency management, (3) public buildings, (4) Department of Justice (DOJ) programs, and (4) transportation. His core responsibilities with the City of Miami will be to serve as the client lead and point of contact, providing updates and communication, strategy implementation, funding requests and opportunity mapping, and outreach to the House, Senate, and Economic Development Administration. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services Pooja Patel Director Jessica Black Project Manager Ba Pooja leads Brumidi Group's policy tracking and analysis, including complex analysis and forecasting around legislation, funding, regulation, and policy implementation. In addition to her work around tracking and analysis, she is leading the firm's policy and funding efforts around cyber security and workforce initiatives. Pooja's core responsibilities for the City of Miami will be around tracking and analysis as it relates to the City's policy and funding priorities as well as forecasting around the annual appropriations process. She will also assist with outreach to key offices in the House and Senate. Jessica is responsible for all project management and internal coordination at Brumidi Group, which includes aligning client expectations around tactics, strategy implementation, or projects with internal timelines, metrics, and cross -firm collaboration. Her core responsibility for the City of Miami will be to ensure Brumidi Group's internal operations meet the expectations of the City, Capitol Hill, and other stakeholders relevant to this engagement. EXPERIENCE Charles S. Cooper 221 10`h Street SE Washington, DC 120003 (202) 997-1236 • ccooper@brumidigroup.com Managing Partner and Founder, Brumidi Group November 2022 to Present Washington, DC • Founded strategic consulting and government relations firm with over diverse portfolio of more than 20 clients • Manage strategic direction of the firm, recruitment of the team, growth strategy, and business development • Serve as an advisor to clients on a range of issues related to policy, branding, and communications Managing Director & Chair of Advocacy Practice, The Signal Group September 2019 to November 2022 Washington, DC • Manages the advocacy and consulting business, which includes over $4 million in annual revenue and a team of 12 professionals • Develops and implements the strategic growth plan and annual revenue generation metrics • Leading generator of new business across the firm and services the largest portfolio of clients • Provides strategic advisory services to a diverse range of clients in the federal policy space, including Fortune 100 companies, non -profits, trade associations, and coalitions • Advises organizations on acquisitions, organizational structure, crisis and risk management, and strategic partnerships Executive Vice President, The Signal Group December 2010 to August 2019 Washington, DC • Represent a diverse portfolio of clients - including Fortune 100 companies, non-profit organizations, investors, and trade associations — to help advance their policy, communications, and corporate priorities before the Congress, federal agencies, and the White House • Develop and execute federal advocacy and messaging strategies to promote clients' legislative, regulatory, and corporate goals, while helping to identify and mitigate long-term policy, political, and communications risks • Engage with external stakeholders (including corporate and non-profit interests) to identify partners and build coalitions amplifying clients' policy and public affairs priorities; represent clients at external affairs • Provide comprehensive analysis of the policy and political landscape to better impact clients' corporate goals Chief of Staff, Office of U.S. Congressman Adam Putnam March 2008 to November 2010 Washington, DC • Developed and implemented comprehensive strategies for advancing the Congressman's legislative, communications, and district outreach • Managed all policy, communications, social media, casework and administrative staff as well as the operations and travel budgets for the DC and Florida offices • Led the Congressman's successful re-election campaign in 2008 EDUCATION Southern Methodist University, Cox School of Business - Dallas, TX Masters of Business Administration Southern Methodist University - Dallas, TX Bachelor of Arts in Political Science and History December 2023 May 2000 10 Madeline Wade (321)202-0749 mwade@brumidigroup.com Professional Experience Brumidi Group, Washington, DC Partner & Founder November 2022 — present • Work with clients to elevate their position in DC through obtaining funding, positioning them as a thought leader, drafting legislation and replies to federal comments, and, ultimately, using policy to achieve our clients' goals. • Work closely with state and local government officials to advance their priorities in Washington, DC. An example of this is working with state Land and Water Conservation Fund liaison officers to obtain higher budget levels in the annual appropriations process. Signal Group, Washington, DC Vice President & Co -Chair of Signal Outdoors October 2018-November 2022 • Developed and led client initiatives on climate, sustainability, and conservation issues to provide policy, corporate strategy, and messaging support by building coalitions among diverse interest groups, managing cross -functional projects, and crafting and implementing advocacy strategies. • Constructed short- and long-term strategies to advance client work on sustainability while mitigating risk from internal and external stakeholders, including identifying unique partners to advocate for client priorities, developing corporate ESG initiatives, and working with internal groups to build consensus on climate priorities. • Identified key global trends for clients and developed strategies to proactively place them as leaders in their field. Manager March 2018 — October 2018 • Provided strategic support and insight to the firm's energy advocacy practice and clients on a wide range of complex legislative and regulatory issues. Senior Associate July 2017 -March 2018 • Conducted in-depth research and wrote policy memos and strategy documents for clients, including reports analyzing federal government activity in the energy sector, client priority memos, and analyses of regulatory and legislative actions. MPA-The Association of Magazine Media, Washington, DC Manager ofPolitical Affairs February 2014- August 2015 • Managed MPA Political Action Committee: produced legislative, political fundraising, and public relations campaign materials. • Analyzed federal and state legislation and regulations to support activities of the association and member companies. U.S. Representative Greg Walden (R-OR), Washington, DC Special Projects Director July 2012 - February 2014 • Led policy staff on education and related public lands and forestry issues; worked across delegation to retain at -risk Department of Education funding for Oregon public schools. • Worked closely with the Congressman and senior legislative staff to draft policy positions. Staff Assistant June 2012 — July 2012 Education & Leadership Duke University I Master's in Public Policy Wake Forest University I Bachelor of Arts, Major: Political Science, Minor: Environmental Studies Clean Energy Leadership Institute Fellow March 2019 - August 2019 • Selected as one of 90 participants in DC and San Francisco for a 6-month professional development program for mid -career leaders in the clean energy sector based on leadership potential and current professional credentials. 11 Brett A. Fulcer (703)-302-0017 bfulcer@brumidigroup.com EXPERIENCE The Brumidi Group, Denver, CO Vice President, January 2023 — Present • Assists clients in navigating the Federal legislative and regulatory processes, including legislative analysis and proposals, facilitation of agency and congressional meetings, and congressional hearing preparation and testimony • Tracks Federal funding opportunities and has assisted clients in securing grants and loans to support local priorities, including economic development, transportation, civic infrastructure, justice, and health initiatives • Regular engagement with congressional appropriators and has helped secure millions of dollars in earmark funding for municipalities U.S. House of Representatives — Committee on Transportation and Infrastructure, Washington, DC Professional Staff Member, February 2021 — January 2023 • Managed the Committee's economic development portfolio, including oversight of the Economic Development Administration (EDA) and regional development commissions like the Appalachian Regional Commission and Delta Regional Authority • Drafted and negotiated the inclusion of programmatic and funding provisions in the American Rescue Plan Act, Infrastructure Investment and Jobs Act, and the CHIPS and Science Act • Advised Members of Congress and their staff on legislative drafting and strategy Legislative Assistant, March 2019 — February 2021 • Assisted the Subcommittee on Economic Development, Public Buildings, and Emergency Management and the Full Committee's oversight and investigations staff with hearing preparation and research • Drafted legislation, resolutions, letters, hearing statements and questions, research memos, and committee reports • Tracked external policy activity, including Senate legislation, agency actions, and non -governmental initiatives The Signal Group, Washington, DC Advocacy Intern, May 2017 — August 2017 and June 2018 — August 2018 • Drafted memos summarizing legislative research, congressional hearings, and executive agency actions related to a range of issues pertinent to clients, including appropriations, natural resources, transportation and infrastructure, cybersecurity, and more Office of U.S. Representative Sanford Bishop, Jr. (D-GA-02), Washington, DC Intern, September 2017 — December 2017 • Drafted constituent letters, vote memos, and congressional record statements Booz Allen Hamilton, Arlington, VA Policy Analyst (with security clearance), June 2015 — August 2016 • Assisted the Department of Defense's Office of Warrior Care Policy (WCP) with the case management of military veterans enrolled in the Integrated Disability Evaluation System (IDES) EDUCATION George Mason University School of Law — Arlington, VA Juris Doctor — May 2019 Virginia Polytechnic Institute and State University — Blacksburg, VA Bachelor of Arts, Political Science — May 2015 12 Pooja M. Patel 214-601-2420 ppatel@brumidigroup.com EXPERIENCE The Brumidi Group, Washington, DC Director November 2022 — Present • Assist clients in navigating the Federal legislative and regulatory processes, especially through sophisticated strategies focused on tracking and analysis. • Lead the production of creative documents and analytical memos across the firm, especially focused on annual appropriations and authorization processes. • Develop comprehensive strategy documents and plans for implementation, and interface daily with clients on key deliverables. Signal Group, Washington, DC Senior Manager March 2021 — November 2022 • Led the production of documents at all stages of development, from drafting to delivery to the client. These documents include analytical memos on key client priorities, letters to Congress, analyses of congressional hearings, spreadsheets tracking topic -specific legislation, proposals to prospective clients, and more. • Serve as a resource to clients and to firm executives to answer process, policy, and funding related questions. • Collaborate with team members and clients to create and execute short and long term legislative objectives and strategies. Client portfolio includes companies, retailers, trade associations, and non -profits. Manager March 2020 — March 2021 • Provided strategic support to a range of clients focused on complex legislative and regulatory issues, including drafting agency comments, testimony for the record, and working directly with clients to formulate strategies for engaging with the federal government. • Drafted business development pitches for new prospective clients. Senior Associate March 2019 —March 2020 • Conducted in-depth research and wrote policy memos and strategy documents for clients, including reports analyzing federal government activity in the energy sector, client priority memos, and analyses of regulatory and legislative actions. Associate August 2018 —March 2019 • Led the production of analytical memos summarizing legislative research, congressional hearings, and executive agency actions related to a range of issues pertinent to clients, including appropriations, natural resources, transportation and infrastructure, cybersecurity, and more. Texas State Senate, Austin, TX Intern, Office of Sen. Kirk Watson May 2018 — August 2018 • Met with constituents and advocacy groups on natural resources and economic development projects, as well as writing fact sheets and background memos on a wider range of policy issues and legislation. EDUCATION University of Texas at Austin — Austin, TX Bachelor of Arts, International Relations Bachelor of Arts, Political Science Certification, Business Foundations Graduated May 2018 13 Jessica Black (202) 499-9890 jessicaablackl@gmail.com PROFESSIONAL EXPERIENCE Brumidi Group, Washington, D.C. March 2023 - Present Project Manager • Develop and maintain detailed project timelines, milestones, and deliverables, aligning client expectations with internal capacities and resources to optimize project outcomes. • Implement performance metrics and key performance indicators (KPIs) to assess project progress and success, enabling data -driven decision -making and continuous improvement initiatives. • Implement, analyze, and manage tracking and analysis systems to evaluate internal operations, identifying inefficiencies and areas for improvement, resulting in streamlined processes and enhanced productivity. Geraghty Creative, New York, NY June 2021 - March 2023 Editor, Production Associate, Post -Production Assistant • Executed creative media and tech projects in coordination with a growing, viable network of vendors to ensure smooth daily operations and business support, while improving costs. • Organized and assisted in execution of production logistics such as filming, project management, and post -production activities to successfully execute various projects • Collaborated with creative art directors, stylists, and product teams to develop shoots; utilize cameras in a variety of camera mounts. • Assisted with campaign execution by monitoring campaign budgets, streamlining resources, and maintaining clear communication. • Conceptualized, shot, edited, and assembled video components and ensure consistency and technical quality of final videos. Develop storyboards, shot lists to deploy photo and video strategies for sales scripts, advertising, and marketing campaigns. • Created post -production guides increasing workflow productivity by 30%-50% within a two -month period. Signal Group D.C., Washington, DC September 2020 - June 2021 Advocacy Intern • Conducted comprehensive real-time research and analysis on legislation, nominees, regulations, press, and the 2020 presidential election to assist corporations and nonprofits with advocating for legislation • Regularly observed and utilized podcasts, television, and multimedia news outlets to conduct policy and news research and prepare written updates on current events in the news and policy sphere for clients • Contributed to legislative and regulatory tracking documents across a range of policy sectors SeoJae Middle School, Daegu, South Korea February 2019 - March 2020 ESL Teacher • Established and implemented classroom rituals and routines, developed effective lesson planning, differentiating instruction, remediation, and enrichment to analyze data to modify instructional practices for more than 500 middle school students. • Independently designed and implemented summer and winter English language and culture camps for over 40 students; awarded for exceptional program design and execution. EDUCATION & CERTIFICATIONS Bachelor of Arts in Sociology Grinnell College Professional Scrum Master Certification (PSM I) Scrum.org SKILLS Technology: Microsoft Suite, Google Workspace, Monday.com, Adobe Premiere, Jira, Asana, Slack, Proficient in Spanish 14 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services Nelson Diaz Managing Partner, Miami & Florida Keys Offices Bil Nelson Diaz joined The Southern Group's Miami office in 2013. Focusing on government and community relations, Nelson has successfully represented local governments, businesses, trade associations, and other corporate clients before the Florida legislative and executive branches of government. Nelson has expertise in policy areas including campaigns, economic and business development, family law, gaming, Hispanic outreach, housing, land use and development, oil and gas, strategic planning, transportation, and travel and tourism. Nelson began his political career as a volunteer in the 1996 presidential campaign, where he and other young leaders, including current U.S. Senator Marco Rubio and former Lt. Governor Carlos Lopez Cantera, worked to build a strong Republican Party base in South Florida. Since then, Nelson has worked on numerous political campaigns at every level, from presidential and U.S. Senate races to state races for governor, cabinet offices, Florida Senate and House of Representatives, as well as local campaigns for county commission, city council, and mayor. He also served as chief legislative aide to Marco Rubio when he was a member of the Florida House of Representatives. As a result of Nelson's service with Senator Rubio and his involvement in political campaigns, he has established an extensive network of contacts in Miami -Dade County and within the Florida Legislature. Nelson currently serves on Senator Rubio's Judicial Advisory Commission. In 15 years as a lobbyist, Nelson has represented corporate entities before the Miami -Dade County Board of County Commissioners, numerous Miami -Dade County agencies and departments, City of Miami, City of Hialeah, and several other municipal governments and authorities. Crystal Wagar Partner Crystal Wagar is a Partner with The Southern Group where she brings a wide range of experience from both the public and private sector. Crystal's public sector experience includes general counsel for the Black Economic Development Corporation, interim city manager for the Village of El Portal, and chief policy aide and chief of staff to a former Miami -Dade County Commissioner. While in the private sector, Crystal worked at two prominent South Florida law firms prior to opening her own boutique advocacy firm in 2009, the Connor Group Miami. In her 20 plus year career, Crystal has garnered extensive knowledge of municipal procurement processes, which has translated into winning strategies for a wide diverse client base. Her successes include leading the effort to bring Uber into the South Florida market, winning the Metrorail car bid with Ansaldo Breda - one of the largest procurements in Miami -Dade County's history, and was one of the key consultants who drove the strategy for the Brightline Miami station build out. In April 2019, Crystal was elected as Mayor of Miami Shores and completed her term as Councilmember. She made history as the first African American woman elected in the Village's 89-year existence. Crystal is a former executive board member of the Miami -Dade County League of Cities covering all 34 municipalities and a former executive board member of the Florida League of Cities representing all Florida municipalities. Crystal has built extensive relationships throughout Florida and with South Florida municipalities and municipal stakeholders. 15 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services Olivia Vairo Lobbyist Bil Olivia joins The Southern Group in 2024 after working with the Florida Farm Bureau Federation. Before joining The Southern Group, Olivia gained extensive legislative experience at the state and federal level as the Assistant Director of Legislative Affairs for the Florida Farm Bureau Federation. In that role, Olivia worked directly with the Florida delegation and their staff in Washington DC. She helped to successfully advance and advocate for the Farm Bill, and Farm Bureau Federation's annual legislative proposals. She quickly became an integral part of the team, working with Florida Farm Bureau Federation members in the state and alongside other Farm Bureau Federation's across the United States to ensure legislative priorities were supported. She was also responsible for the coordination of fundraising for the Florida Farm Bureau Federation's Federal Political Action Committee. Olivia graduated from Florida State University with a Bachelor of Science in Marketing. Olivia is a resident of Miami and a native of Fort Lauderdale. 1 1 1 1 1 1 1 1 Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services Organizational Chart Charles Cooper Managing Partner & Founder Client Executive Leading development of the outreach and lobbying strategy; Elevating the brand of the City of Miami throughout the policy ecosystem; Leading outreach to the House, the Senate, the Department of Housing & Urban Development, and the Department of Transportation. i Brett Fulcer Vice President Client Lead Serving as the client lead and point of contact; Providing updates and communication; Strategy implementation; Funding requests and opportunity mapping; Outreach to the House, Senate, and Economic Development Administration. Madeline Wade Partner & Founder Client Staff Strategy implementation; Regular outreach to key offices in the House, Senate, and Environmental Protection Agency. Nelson Diaz Managing Partner Subcontractor Lead Pooja Patel Director Client Staff Tracking and analysis for policy and funding; Forecasting the annual appropriations process; Assisting with outreach to key offices in the House and Senate. Crystal Wagar Partner Subcontractor Ba Jessica Black Project Manager Project Coordinator Ensuring Brumidi Group's internal operations meet the expectations of the City, Capitol Hill, and stakeholders relevant to this engagement. Olivia Vairo Lobbyist Subcontractor 1 1 1 1 1 1 1 1 1 1 .I 17 Proposed Approach to Providing the Services Fulfillment of the Scope of Work We are well-equipped to deliver comprehensive services as outlined in the Scope of Work. As described in previous sections, our team has extensive experience working with local government officials to assess and enhance community engagement strategies with the federal government that align with the City's priorities. To supplement our guidance, recommendations, and briefings to City officials, we also have internal best practices to provide timely analysis, intelligence, policy trends, and updates and do so in accordance with communications protocols developed during our onboarding process. Similarly (as noted elsewhere in this document) we provide unique comprehensive strategies that include metrics that help identify where the strategy has proven successful and where adjustments may be needed to meet current trends or legislative schedules. We also position our engagements with clients for both near -term and long-term impact so that we help to strengthen the "policy brand" of the City among policymakers to increase support and champions for key initiatives. Additionally, we have a strong record of success in securing policy and funding wins, including community project funding through congressionally directed spending. Understanding of solicitation and Attachment E provisions After thoroughly analyzing the City of Miami's RFQ for lobbying services, we recognize that the City of Miami is looking for a government relations partner that can provide effective representation and advocacy, monitoring and reporting, strategic guidance that is rooted in both experience and expertise, legal and ethical compliance, and qualified team. We consider all compliance with local, state, and federal law and regulation to be a top priority for every client engagement, without exception. We leverage a General Counsel as well as an external law firm on retainer specifically to ensure compliance, draft and submit required disclosures, and to advise our team on all compliance issues. In fulfilling these requirements, we are committed to strict adherence to the ethical standards and legal regulations as specified in Attachment E - Article VI - Lobbyists of the City Code, as well as all applicable state, federal, and local laws, regulations, and/or ordinances. Federal lobbying strategy and monitoring, identifying, interpreting, and reporting on key, relevant issues As a matter of firm protocol at Brumidi Group, we will prioritize gaining expertise around priorities of the City, specific requests, and history of the key issues. With a goal of being an extension of the City's internal team, we use our onboarding process to build the expertise needed to appropriately represent the City in meetings with federal officials and staff. We also prioritize preparation prior to any meeting - regardless of who the meeting is with - to help define a meeting goal, ensure we have appropriate information and responses to potential questions, as well as key documents that can be shared. In instances where City officials join meetings, we provide comprehensive briefings, bios, and talking points well in advance of the meeting to ensure the meeting is a valuable use of time and resources. We have internal processes that monitor all information (including committee hearings, House and Senate floor action, committee announcement, key policymaker statements, bill introduction, agency news, regulations, and relevant policymaker social media) on a daily basis for clients to ensure we are providing timely information layered on top of the constant flow of intelligence we gain for regular meetings on Capitol Hill and the Administration. We also regularly provide analysis to clients to provide context to issues, emerging trends, announcements, or key activity that may impact strategies and goals. 1 QIit 4Hiarni ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Brumidi Group SIGNATURE: IZC:?5:=4 DATE: 06/05/2024 Olitg of Uami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al. This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E —Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: Brumidi Group DATE: 06/05/2024 SIGNATURE: Acknowledgement of Proposer's Minimum Qualifications (Section 2.8) Brumidi Group affirms that we are an established firm, legally qualified to do business in the state of Florida and in possession of all licenses and certifications required to provide services related to those requested in this RFQ. Charles Cooper Managing Partner Brumidi Group affirms that we have never filed for bankruptcy, are in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City. Charles Cooper Managing Partner Brumidi Group affirms that we do not have a member, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Charles Cooper Managing Partner Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Brumidi Group ADDRESS: 221 10th St. SE, Washington, DC 20003 PHONE: (202) 997-1236 FAX: n/a EMAIL:ccooper@brumidigroup CELL(Optional): SIGNED BY: Charles Cooper, TITLE: Managing Partner & Founder DATE: 06/05/2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 3 Certifications Legal Name of Firm: Brumidi Group Firm's Federal Employer Identification Number ("FEN"): 88-3072414 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Partnership Year Established: 2023 Office Location: City of Miami, Miami -Dade County, or Other Washington, D.C. Business Tax Receipt/Occupational License Number: C00007502790 Business Tax Receipt/Occupational License Issuing Agency: DC Department of Licensing and Consumer Relations Business Tax Receipt/Occupational License Expiration Date: N/A Will Subcontractor(s) be used? (Yes or No) Yes If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: The Southern Group, 9155 S. Dadeland Blvd.Suite 1716 Miami, FL 33156. TSG will be responsible for contributing insight, analysis and expertise to our lobbying efforts and strategy based on their expertise on the City of Miami. Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. Addendum No. 1, 5/10/24 ; Addendum No. 2, 5/29/2024 Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services Page 3 of 3 Request for Qualifications No. 1790386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. We have read and acknowdledge this requirement. Charles Cooper, Managing Partner Rates and Charges/ Price Quote Brumidi group will request a monthly retainer of $7,000 for a total of $84,000 annually. All of our contracts outline an agreed upon scope of work and provide only a 30 day notice for terminating the contract should a client feel the need to do so. Since we are unaware of your overall budgets and would really like to work with the City of Miami, we would be able to adjust costs based on longer contract terms. Charles Cooper, Managing Partner ONTINENTAL STRATEGY REQUEST FOR PROPOSAL FEDERAL LOBBYING SERVICES -1790386 F E I N : 86-1278551 MAY 30, 2024 Contact: Carlos Trujillo Ctruj i I to@conti nenta lstrategy.com 1747 Pennsylvania Ave, Suite 875 Washington, DC 20006 202-642-5989 Table of Contents Table of Contents 2 3.Executive Summary 4 4. Proposer's, Relevant Experience, Qualifications. and Past Performance 7 Qualifications & Experience 8 Past Performance and Experience 9 Comparable Contracts 11 Our legislative, administrative, and regulatory processes at the federal level. 13 Our understanding of large urban areas, including its specific knowledge of the City of Miami 14 Our Federal Lobbying Experience 15 Lobbying on behalf of Municipal Governments 20 Our Related Experience 21 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 22 Key Personnel Background 23 Sub -Consultants 27 Organizational Chart 27 Roles & Responsibilities 28 Page 2 Table of Contents 6. Proposed Approach to Providing the Services 29 Our ability 30 Our understanding 31 Our strategy 32 Representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and. 32 Monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. 34 Certification Statement 36 Addendum No. 1 40 Addendum No. 2 41 Thank you 43 11111111111111 • II IIIIIII1111 Page 3 3. EXECUTIVE SUMMARY Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 On behalf of Continental Strategy, we are pleased to submit this proposal to provide Federal Lobbying services for the City of Miami in response to RFQ 1790386 - Federal Lobbying Services. This proposal outlines our qualifications and experience, detailing our ability to represent the City's interests comprehensively before the legislative and executive branches of the federal government. Continental Strategy is a premier lobbying firm with over 100 years of combined experience in federal, state, and local government issues. Our team of seasoned professionals has unparalleled access to leaders in the legislative and executive branches, supported by longstanding relationships across the country. Our firm operates from four primary offices, with our central office in downtown Tallahassee and additional offices in Washington, D.C., Miami, and Jacksonville. In 2024, we expanded our reach internationally with our Latin American headquarters in Argentina. Our team members are based in Washington, D.C., but have strong roots in Miami, with all team leads having grown up in the City. This unique connection ensures an in-depth understanding of the local context and specific needs of the City of Miami. Our team possesses an in-depth knowledge of legislative, administrative, and regulatory processes at the federal level, which is essential for effective advocacy. We clearly understand large urban areas, including specific knowledge of the City of Miami and its unique needs. Our history includes successfully representing municipalities at the federal level, showcasing our ability to navigate complex governmental landscapes. With a strong track record of successful lobbying efforts at the federal level, we have consistently delivered positive outcomes for our clients. We employ clear strategies for representing clients in meetings with key members of Congress, the Executive Branch, and Federal Agencies, ensuring that our clients' voices are heard, and their interests advanced. Continental Strategy will provide a full range of lobbying services, including regular policy updates and tracking, continuous assessment and engagement strategies with City officials to benefit Miami communities, and support for the City's priorities through monitoring, identifying, interpreting, and reporting relevant issues on Capitol Hill. We will offer political intelligence and updates on legislative activities and regulations, regular, scheduled reports as determined by the City, ongoing advice and counsel as requested, engagement with Congress, the White House, and Federal Agencies, and securing government funding through earmarks, pilot projects, grants, and contracts. Our dedicated team will leverage our extensive experience and well -established connections to effectively coordinate and advance the City's priorities. We pride ourselves on our consistent record of results and our commitment to delivering high -quality, strategic lobbying services tailored to the City of Miami's needs. Page 5 Carlos Trujillo, President of Continental Strategy, is authorized to make representations for the Proposer. Carlos can be contacted at: Carlos Trujillo President Continental Strategy 1747 Pennsylvania Ave, Suite 875 Washington, DC 20006 202-642-5989 Ctrujillo@continentalstrategy.com Continental Strategy is highly motivated and well -suited to achieve success on behalf of the City of Miami. We appreciate your consideration of our proposal and look forward to the opportunity to represent and advocate for the City with the utmost dedication and excellence. Sincerely, Carlos Trujillo, President Page 6 4. PROPOSER'S, RELEVANT EXPERIENCE, QUALIFICATIONS. AND PAST PERFORMANCE QUALIFICATIONS & EXPERIENCE Founded in 2021 with a main office in Tallahassee, Continental Strategy is a national firm with a strong focus on Florida. We have offices in Washington, D.C., Miami, Jacksonville, and Argentina and continue to grow year over year, boasting a team of 13 experts who can assist at all levels of government. Specific to this RFQ, our services will be based at our Washington D.C. office at 1747 Pennsylvania Ave, NW, Washington, D.C. 20006. Continental Strategy is well -established in lobbying, and strategic advising has positioned us as a significant player in the federal lobbying space. Our comprehensive knowledge of the City of Miami, state dynamics, and federal relationships make us the ideal choice as your federal representative. Throughout this proposal, we will demonstrate why we are the most qualified option, beginning with the foundation of our organization, its leadership, and the primary markets we serve. Our team, based in Washington, D.C., but with strong foundations in Miami, understands the landscape and challenges the City faces. We possess the knowledge and expertise to advocate effectively for issues that will gain traction in the halls of Congress. Our relationship with the Florida congressional delegation predates many members' terms in Congress. We continually engage with members and their staff to advance our clients' agendas and will apply the same diligence for the City of Miami. While our client base and expertise extend well beyond South Florida, our significant experience working with clients from this region at the federal level enables our team to be well -versed in the historical and current needs of the area and understand how to convey these messages effectively in Washington. Despite the complexities of the nation's capital, we are adept at navigating it. For the Florida entities we have represented at the federal level, we have successfully secured funding for research, transportation, economic development, and more, even amidst the risks of government shutdowns, electoral swings, and major leadership changes. Washington constantly evolves, but our enduring ties ensure these changes do not derail your legislative priorities, positioning you for steady, methodical success. The president and founder of Continental Strategy, Carlos Trujillo, was appointed by former President Donald J. Trump to serve as the U.S. Permanent Representative to the Organization of American States. Trujillo was unanimously confirmed by the United States Senate and served as Ambassador from March 30, 2018, until January 20, 2021. At the OAS, Trujillo was Chair of the Permanent Council, Budget Committee, and the Economic Development Committee. He also led the effort to re-elect Secretary General Luis Almagro. Trujillo was also appointed by President Trump to serve as a Representative of the United States to the 72nd General Assembly of the United Nations under former Ambassador Nikki Haley and was nominated to serve as Assistant Secretary of State for the Western Hemisphere. He has served on the Florida International University Board of Trustees, the Public Health Trust of Jackson Memorial Hospital in Miami, and was a member of the Electoral College in 2016. Trujillo is a native Spanish speaker known for his strong ties to the Hispanic community, legal acumen, and leadership. With Mr. Trujillo's significant background in the public and private sectors, Continental Strategy is confident and committed to leveraging our knowledge and network to elevate the City of Miami's goals to the next level. Continental Strategy's proven track record and deep connections within the legislative and executive branches, combined with our specialized expertise and unwavering commitment to our clients, uniquely position us to effectively represent and advocate for the City of Miami at the federal level. Page 8 Past Performance and Experience Continental Strategy has extensive experience lobbying at the federal level, representing a diverse array of clients, including municipalities, educational institutions, healthcare organizations, and other public and private entities. Our team of seasoned professionals is adept at navigating the complex federal legislative and regulatory landscape, ensuring that our client's interests are effectively represented and advanced in Washington, D.C. Since our founding in 2021, we have successfully advocated for numerous clients before Congress, the White House, and various federal agencies. Our team's well -established relationships with the right legislators, federal officials, and regulatory bodies enable us to influence policy decisions and secure vital funding for our clients. Our work with Miami -Dade County, City of West Miami, Miami -Dade College, and the Miami -Dade Transportation Planning Organization demonstrates our capability to deliver tangible results for our municipal clients. We have secured significant federal funding, facilitated critical connections, and effectively advocated for our clients' legislative and administrative priorities. Our team has considerable experience working with strategic federal agencies and programs relevant to Miami's priorities. We will navigate the complexities of securing funding from the Department of Transportation (DOT) for projects through the Rebuilding American Infrastructure Sustainably and Equitably (RAISE) Grant program. Additionally, we will facilitate investments in port infrastructure through the Port Infrastructure Development Program, which is vital for enhancing Miami's economic growth and infrastructure. We are proficient in identifying and leveraging federal investment opportunities, particularly in broadband access and disaster relief. Our team will work with the Department of Housing and Urban Development (HUD) to secure funding through programs like the Community Revitalization Fund, which supports redevelopment projects that drive local economic activity and enhance community cohesion. These efforts will directly benefit Miami's infrastructure and community development. Our expertise extends to engaging with the United States Trade Representative (USTR). By working with the USTR, we will help influence trade policies that support Miami's economic interests, ensuring the City remains competitive in global markets. This strategic engagement is crucial for fostering economic growth and stability. Understanding federal regulatory processes allows us to address Miami's unique challenges effectively. We will provide guidance on securing and managing federal funds, such as Community Development Block Grants (CDBG), which support housing, economic development, and disaster recovery initiatives. Our experience with these programs ensures Miami can access essential funding for growth and resilience. Our advocacy will include promoting legislative initiatives related to transportation, clean energy, air quality, and public safety technology. We will help the City of Miami engage with policymakers to support laws that reduce emissions, improve transportation infrastructure, and enhance public safety. This focus will ensure Miami is well -positioned for sustainable development and economic competitiveness. Our approach to federal advocacy involves ongoing engagement with Congress, the White House, and federal agencies. We will provide Miami with regular policy updates, political intelligence, and strategic advice to navigate the legislative landscape effectively. By maintaining strong relationships with key legislators and agency officials, we will ensure Miami's priorities are consistently represented and advanced. Page 9 Past Performance and Experience Specific Examples of Our Past Performance: • Working with Rep. Salazar, we helped secure $3,000,000 in funding for the THUD HUD-CDF project to develop a Workforce Development Center. • Collaborating with Rep. Wilson, we secured $500,000 for another THUD HUD- CDF project involving improvements to the Workforce Training Facilities at the Carrie Meek Entrepreneurial Education Center, part of Miami Dade College. • Secured funding for projects related to healthcare, marine aquaculture, coastal protection, and earth studies with the assistance of Rep. Wasserman Schultz, Rep. Gimenez, Rep. Salazar, and Rep. Moskowitz. • Facilitated meetings on Capitol Hill with relevant members, successfully bringing local issues to the forefront and into a prominent position on the national stage. • Secured $750,000 for the City of West Miami's potable water system through the Community Project Funding Requests in Fiscal Year 2024. • Secured $3.5 million for a Senior Emergency Center through Community Project Requests for Fiscal Year 2025. Our team will not use any subcontractors for this engagement. We have the internal expertise and capacity to manage all aspects of the City of Miami's federal advocacy needs. Continental Strategy's thorough understanding of federal processes and our strategic advocacy and engagement will equip the City of Miami to navigate the federal landscape effectively. Our expertise will enable the City to secure vital funding, influence policy decisions, and implement initiatives that benefit its residents and promote sustainable growth. 11111111111111 ; ,I 11111 „ ,,,,m 1111111111111 Page 10 Comparable Contracts MEM MIAMI DADE COLLEGE Description HIGHER EDUCATION INSTITUTION Contact Madeline Pumariaga, President mpumarie@mdc.edu 305-237-3221 MEM 2021- CURRENT • Working with Rep. Salazar, we helped secure $3,000,000 in funding for a THUD project to develop a Workforce Development Center. Similarly, with Rep. Wilson, we helped secure $500,000 for another THUD HUD-CDF project, which involved improvements to the Workforce Training Facilities at the Carrie Meek Entrepreneurial Education Center, part of Miami Dade College. MEM UNIVERSITY OF MIAMI Description HIGHER EDUCATION INSTITUTION Contact Rudy Fernandez, EVP for University Operation & External Affairs Rudyfernandez(miami.edu 305-284-4085 MI= 2021-2023 • Funding was secured for projects related to healthcare, marine aquaculture, coastal protection, and earth studies. The members who assisted in this effort ar Rep. Wasserman Shultz, Rep. Gimenez, Rep. Salazar, and Rep. Moskowitz. MEM MIAMI DADE - TPO Description METROPOLITAN TRANSPORTATION PLANNING ORGANIZATION Contact Zainab Salim Deputy Director - Administration zainab.salim@mdtpo.org MOM 2024- CURRENT • Facilitated meetings on Capitol Hill with relevant members and successfully brought local issues to the forefront and into prominent position on the national stage. MEM CITY OF WEST MIAMI Description MUNICIPAL GOVERNMENT Contact Eric Diaz-Padron, Mayor EricDP@cityofwest miami.org 305-915-0460 ECM 2023- CURRENT • Secured $750,000 for the City of West Miami's potable Water System through the Community Project Funding Requests in Fiscal Year 2024. Page 11 RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Continental Strategy Reference Section Summarized Requirements: Refer to the details in Section 2.10, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: City of West Miami Address: 901 SW 62 Avenue West Miami, FL 33144 Contact Person: Eric Diaz Padron Contact Phone Number: 305-915-0460 Contact E-mail (if applicable): EricDP@cityofwestmiami.com Date of Contract or Sale: 2023-Current Past Performance Reference Check #2 Company/Organization Name: Miami Dade College Address: 300 NE Second Ave Miami, FL 33132 Contact Person: Madeline Pumariaga Contact Phone Number: 305-237-3221 Contact E-mail (if applicable): mpumarie@mdc.edu Date of Contract or Sale: 2021-Current Past Performance Reference Check #3 Company/Organization Name: Miami Dade County Address: 1000 SW 57th Avenue Contact Person: Commissioner Kevin Cabrera Contact Phone Number: 305-267-6377 Contact E-mail (if applicable): district6@miamidade.gov Date of Contract or Sale: January 2024- Current 1 Page 12 Our knowledge of legislative, administrative, and regulatory processes at the federal level Continental Strategy possesses a thorough understanding of the legislative, administrative, and regulatory processes at the federal level, which is essential for effectively advocating on behalf of the City of Miami. Our expertise ensures that the City can strategically engage with federal programs and make informed policy decisions that positively impact its residents and overall development. Our team is well -versed in navigating the complexities of federal agencies and programs. We will assist the City of Miami secure funding from the Department of Transportation (DOT) through programs such as the Rebuilding American Infrastructure Sustainably and Equitably (RAISE) Grant. Additionally, we will facilitate investments in port infrastructure through the Port Infrastructure Development Program, which is vital for enhancing Miami's economic growth and infrastructure. We excel in identifying and leveraging federal investment opportunities in critical areas like broadband access and disaster relief. Our team will work with the Department of Housing and Urban Development (HUD) to secure funding through programs like the Community Revitalization Fund, which supports redevelopment projects that drive local economic activity and enhance community cohesion. These efforts will directly benefit Miami's infrastructure and community development. Our expertise extends to engaging with the United States Trade Representative (USTR). By collaborating with the USTR, we will help influence trade policies that support Miami's economic interests, ensuring the City remains competitive in global markets. This strategic engagement is crucial for fostering economic growth and stability. Understanding federal regulatory processes allows us to address Miami's unique challenges effectively. We will provide guidance on securing and managing federal funds, such as Community Development Block Grants (CDBG), which support housing, economic development, and disaster recovery initiatives. Our experience with these programs ensures Miami can access essential funding for growth and resilience. Our advocacy will include promoting legislative initiatives related to transportation, clean energy, air quality, and public safety technology. We will help the City of Miami engage with policymakers to support laws that reduce emissions, improve transportation infrastructure, and enhance public safety. This focus will ensure Miami is well -positioned for sustainable development and economic competitiveness. To enhance operational efficiency, we will assist the City of Miami streamline efforts to address community - specific challenges. This includes implementing flexible housing and social service regulations tailored to the diverse needs of residents. By prioritizing resource allocation, particularly towards infrastructure maintenance and rehabilitation in areas with high unemployment rates, Miami can bolster economic development and improve residents' quality of life. Our familiarity with federal programs, such as the Community Development Block Grant (CDBG) and federal earmarks, will enable us to guide the City of Miami in accessing targeted funding essential for economic growth, disaster recovery, and prudent land use management. Our team's role is to ensure that the City effectively communicates its needs, forges strong partnerships with federal bodies, and efficiently manages the resources obtained through these collaborations. Continental Strategy is committed to equipping the City of Miami with the knowledge and strategic insight required to navigate the federal landscape, secure vital funding, and implement policies that enhance the community and drive sustainable development. Page 13 Our understanding of large urban areas Continental Strategy has a deep understanding of the unique challenges and opportunities that large urban areas face, particularly the City of Miami. Our considerable experience with major metropolitan centers has provided us with the insight and expertise necessary to tackle the complex challenges that emerge in these settings. As a vibrant and diverse metropolitan area, Miami presents a distinct set of characteristics and needs. Our team is well-acquainted with the City's demographic, economic, and social landscape, enabling us to tailor our advocacy and consulting services to its specific context. We recognize Miami's role as a cultural and economic hub, with its diverse population, significant tourism industry, and strategic location as a gateway to Latin America. Our knowledge of Miami's priorities includes a focus on infrastructure development, transportation, environmental sustainability, and economic growth. We understand the importance of enhancing the City's infrastructure to support its growth and resilience. This includes improving transportation networks, expanding affordable housing, and investing in sustainable energy solutions to address environmental concerns. Miami's unique geographic location also necessitates a strong emphasis on climate resilience and disaster preparedness. We are well -versed in the challenges posed by rising sea levels, hurricane threats, and other climate -related issues. Our team is experienced in securing federal funding for projects aimed at mitigating these risks and enhancing the City's resilience. Our strong relationships with core stakeholders in Miami, including local government officials, business leaders, and community organizations, allow us to advocate effectively on behalf of the City. We have a proven track record of securing funding and support for Miami's initiatives, whether it's through federal grants, legislative advocacy, or partnerships with private sector entities. Our team's Miami roots and vast understanding of working with the City have given us a nuanced understanding of its needs and priorities. For instance, we have successfully collaborated with Miami -Dade County, City of West Miami, and Miami -Dade College, among others, to advance their objectives and secure essential resources. These collaborations have provided us with a great appreciation of the local context and the ability to navigate the intricacies of Miami's political and administrative landscape. Continental Strategy's comprehensive understanding of large urban areas and our specific knowledge of the City of Miami position us to effectively address its unique challenges and advocate for its priorities. Our expertise, local connections, and strategic approach will ensure that Miami's interests are well -represented and advanced at the federal level. Page 14 Our Federal Lobbying Experience Continental Strategy has a wealth of experience lobbying at the federal level, representing a wide range of clients, including municipalities, educational institutions, healthcare organizations, and various public and private entities. Our team of seasoned professionals is adept at navigating the complex federal legislative and regulatory landscape, ensuring that our client's interests are effectively represented and advanced in Washington, D.C. Since founding in 2021, we have successfully advocated for numerous clients before Congress, the White House, and various federal agencies. Our team's relationships with important legislators, federal officials, and regulatory bodies enable us to influence policy decisions and secure vital funding for our clients. Our considerable background in federal lobbying is founded on a robust network of relationships cultivated over many years. Identifying strategic members and committees of jurisdiction is just the beginning; building meaningful connections with these members and their staff requires deeper engagement. Our well -established network enables us to create and facilitate coalitions that can support or oppose legislation in a way that benefits our clients. This capability results from years of strategic relationship -building, identifying key members and relevant committee staff, and establishing both current and potential coalitions. Below, we provide an overview of the committees we would engage with on your behalf, highlighting our relationships with them and their members. Page 15 0 The Continental team maintains strong connections with the Florida delegation, nurturing close ties with their Washington D.C. and district staff. These relationships provide seamless communication with stakeholders, helping us aid our current clients with a myriad of issues. Among our most notable connections is our relationship with Rep. Mario Diaz-Balart (R-FL), a prominent figure in appropriations committee leadership. Additionally, we enjoy a solid rapport with Rep. Maria Elvira Salazar (R-FL), Rep. Carlos Gimenez (R-FL), Rep. Byron Donalds (R-FL), Darren Soto (D-FL), Rep. Aaron Bean (R-FL), Rep. Jared Moskowitz (D-FL), Rep. Greg Steube (R- FL), and Rep. Matt Gaetz (R-FL). FLORIDA DELEGATION It should be emphasized that our familiarity extends beyond mere acquaintance; we engage with these members and their staff frequently and personally. Furthermore, our network extends to other delegation members, such as Rep. Daniel Webster (R-FL), Rep. Neal Dunn (R-FL), Rep. Kat Cammack (R-FL), Rep. John Rutherford (R-FL), Rep. Michael Waltz (R-FL), Rep. Cory Mills (R-FL), Rep. Bill Posey (R-FL), Rep. Anna Paulina Luna (R-FL), Rep. Kathy Castor (D-FL), Rep. Laurel Lee (R-FL), Rep. Vern Buchanan (R-FL), Rep. Scott Franklin (R-FL), and Rep. Brian Mast (R-FL). This extensive network allows us to advocate for the City of Miami effectively, leveraging our relationships to drive meaningful progress. SENATE FEDERAL DELEGATION On the Senate front, our collaboration with Senators Rick Scott (R-FL) and Marco Rubio predates their tenure in office. Leveraging the expertise of two of our team members who previously served in key roles within their respective offices, we have cultivated a robust and enduring relationship with their current staff. This ongoing engagement ensures seamless assistance to our valued clientele, with regular and substantive communication maintained daily. HOUSE OF REPRESENTATIVES At the committee level, we have forged formidable alliances with pivotal members and personnel, spanning regions both within and beyond Florida. These strategic connections serve as linchpins for realizing your congressional goals, be it the facilitation of legislation, appropriations, or garnering support through endorsement letters and campaigns aimed at amplifying your nationwide influence. Our expansive reach across critical committees directly influences our constituency, which makes it advantageous for us to deploy these alliances with precision, ensuring the proactive advancement of your congressional agenda when called upon. Page 16 HOUSE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE We have established and longstanding relationships with key figures within the committee, including but not limited to Chairman Rep. Sam Graves (R-MO), Chairman of the Subcommittee on Aviation Garret Graves (R-LA), Chairman of the Subcommittee on Coast Guard and Maritime Transportation, Daniel Webster (R-FL), and Chairman of the Subcommittee on Economic Development, Public Buildings, and Emergency Management, Scott Perry (R-PA). We maintain positive working relationships with other committee members, such as Rep. Dusty Johnson (S.D.), Rep. John James (R-MI), Rep. Frederica Wilson (R-FL), Rep. Brian Mast (R-FL), and Rep. Doug LaMalfa (R-CA). HOUSE APPROPRIATIONS COMMITTE1 The House Appropriations Committee holds significant sway in legislative matters, especially concerning allocating funds for community projects via earmark requests. With a demonstrated history of adeptly navigating this terrain, we continuously refine our strategies to align with evolving dynamics. Leveraging an extensive network of key partnerships within the committee, we excel in facilitating earmark procurement. Central to our success are our relationships within the committee. Notably, our close rapport with Rep. Mario Diaz-Balart, Chair of the State and Foreign Operations subcommittee, a pivotal role among the 12 subcommittees, underscores our influence. Additionally, our ties extend to Rep. Tom Cole (R-OK), the current Committee Chairman, who previously chaired the Transportation, Housing, and Urban Development subcommittee. Further enhancing our reach are fruitful connections with other influential committee members, including Rep. Debbie Wasserman Schultz (R-FL), Rep. John Rutherford (R-FL), Rep. Juan Ciscomani (R-AZ), Rep. Adriano Espaillat (D-NY), and Rep. Norma Torres (D-CA), among others. These alliances fortify our advocacy efforts and ensure our clients' successful attainment of vital earmarks. HOUSE ENERGY AND COMMERCE & HOUSE NATURAL RESOURCES The firm has established relationships with key committee members. Notably, Representative Gus Bilirakis (R-FL), Chair of the Subcommittee on Innovation, Data, and Commerce within the House Energy and Commerce Committee, and Representative Kathy Castor (D-FL), ranking member of the Subcommittee on Oversight and Investigations, provide invaluable support to our initiatives in Washington, D.C. This strategic advantage extends to other Florida members serving on these committees, bolstering our capacity to engage effectively and shape legislative outcomes to our client's benefit. We possess an in-depth grasp of pivotal issues, including fisheries and wildlife conservation, public lands management, and coastal zone management, all of which constitute focal points of our advocacy efforts. Moreover, our expertise spans a broad spectrum encompassing telecommunications, food and drug safety, public health and research, environmental quality, and interstate commerce. Page 17 tnnwr mmm SENATE HEALTH, EDUCATION, LABOR AND PENSIONS (HELP) COMMITTEE We have identified key committees crucial for addressing the City's complex issues. We recognize that our strong relationships within these committees can be leveraged to engage with committee staff and senators effectively, driving success for your legislative goals. Our connections within the Senate Health, Education, Labor, and Pensions (HELP) Committee include a strong familiarity with the staff and a personal rapport with Ranking Member Senator Bill Cassidy (R-LA). Given his focus on education, healthcare, and labor policies, along with our access to him, we are well - positioned to advance your initiatives in these areas. SENATE APPROPRIATIONS COMMITTEE The Senate Appropriations Committee holds significant importance for your efforts, and our relationships within this committee are robust. Notable members include Majority Leader Sen. Mitch McConnell (R-KY), Sen. Lisa Murkowski (R-AK), Sen. Shelley Moore Capito (R-WV), Sen. John Kennedy (R-LA), Sen. Bill Hagerty (R-TN), Sen. Katie Britt (R-AL), and, notably, your delegation member Sen. Marco Rubio (R-FL). While the Florida Senate delegation does not engage in standard, congressionally directed spending requests, they advocate for programmatic and language requests. Understanding this, we can effectively advocate for increased funding levels in specific agency accounts directly impacting you for the fiscal year cycle. SENATE ENERGY AND COMMERCE COMMITTEE The Senate Appropriations Committee is of the utmost importance for The City of Miami's endeavors, and our strong and longstanding relationship with this committee underscores our effectiveness. Noteworthy members include Majority Leader Sen. Mitch McConnell (R-KY), Sen. Lisa Murkowski (R-AK), Sen. Shelley Moore Capito (R-WV), Sen. John Kennedy (R-LA), Sen. Bill Hagerty (R-TN), Sen. Katie Britt (R-AL), and notably, your delegation member Sen. Marco Rubio (R-FL). While the Florida Senate delegation abstains from conventional congressionally directed spending requests, they champion programmatic and language requests. Recognizing this, we adeptly advocate for augmented funding levels in specific agency accounts directly impacting your interests for the fiscal year cycle. Page 18 FEDERAL AGENCIES Our expertise extends across crucial agencies, such as the Federal Emergency Management Agency (FEMA), the Department of the Interior (DOI), the Department of Transportation (DOT), the United States Department of Commerce's National Oceanic and Atmospheric Administration (US DOC - NOAA), the Department of Energy (DOE), and the Department of Housing and Urban Development (HUD). What sets us apart is our ability to maneuver through the intricate workings of these agencies, unfazed by the shifting tides of politics. Drawing on our strong connections with intergovernmental bodies and agency heads and staff, we can navigate these complex agencies effectively. We are committed to leveraging our experience and relationships to advance the City's priorities efficiently and effectively, maintaining our unwavering dedication to representing your interests with excellence. While our focus is primarily on Florida, we assure you of our readiness to engage with additional committees and reach out to members beyond our immediate sphere as necessary. Unlike others who promise access but fall short, we guarantee meaningful engagement with the listed members, with regular interactions over the past year. You can trust that familiar faces will greet you with us, providing consistency and reliability in our advocacy endeavors. Our extensive experience in federal lobbying is built upon a vast network of relationships that have been cultivated over the years. While identifying key members and committees of jurisdiction is straightforward, truly getting to know them and their staff requires a deeper connection. Our network allows us to facilitate the creation of coalitions to support or oppose bills that benefit our clients. This is the result of years of relationship -building, strategic identification of key members, relevant committee staff, and the establishment of both existing and potential coalitions. Below, we outline a selection of committees we would engage with on your behalf, detailing our relationships with them and their members. Page 19 Lobbying on behalf of Municipal Governments Continental Strategy brings extensive experience in lobbying on behalf of municipal governments, including notable entities such as Miami -Dade County and the City of West Miami. Our firm is adept at navigating the intricate appropriations process, ensuring that our municipal clients secure the necessary funding and resources to meet their unique needs. With a vast network of relationships in Washington, D.C., we effectively advocate for our clients, fostering strategic alliances and facilitating critical connections that drive results. We work closely with the Florida delegation to advance local priorities and elevate the presence of cities like Miami on the national stage. Our efforts include hosting principal committee chairs and influential policymakers to highlight the City's unique opportunities. Additionally, we organize congressional fly -ins and field hearings, which provide a platform for local leaders to engage directly with federal lawmakers and showcase Miami's potential. Our team has a significant advantage with our sustained ties to Miami and comprehensive legislative process experience. The Continental Strategy team has consistently demonstrated the ability to deliver tailored solutions that align with the specific priorities and goals of the municipalities we represent. Our comprehensive approach includes leveraging our well -established connections and strategic insights to ensure that the City of Miami's interests are effectively promoted and advanced at the federal level. Our commitment to understanding and addressing the unique challenges municipal governments face positions us as an exceptional partner for federal advocacy and representation. Continental Strategy's proven effectiveness in municipal lobbying, combined with our strategic approach and deep-rooted connections, uniquely qualifies us to represent and advocate for the City of Miami in Washington, D.C. Page 20 Our Related Experiences: CITY OF WEST MIAMI: Federal Consulting Service Continental Strategy assisted the City of West Miami in developing relationships with key congressional staff and members, focusing particularly on the appropriations process and CPF requests within a tight deadline from the contract start date. The consulting service immediately helped the City navigate the federal appropriations process, securing the requested CFPR by generating letters of support from key stakeholders and leveraging relationships with federal partners. Due to these efforts, the City of West Miami's request for the "West Miami Potable Water Project Phase V," a 2-million-dollar project, was included by the local member of Congress. MIAMI DADE COLLEGE: Federal and State Consulting Service Continental Strategy provides federal and state consulting services to Miami Dade College. The services included advocating for the college to members of Congress, drafting legislative priorities, and securing federal funding through the General Appropriations Act of 2022. The consulting service also focused on diversifying revenue streams, building key relationships, and supporting educational partnerships. UNIVERSITY OF MIAMI: Federal and State Consulting Service Continental Strategy provided federal and state lobbying services to the University of Miami (U.M.), focusing on advancing its reputation as a hemispheric leader. The services included developing relationships with key Western Hemisphere dignitaries, advising on issues related to the hemisphere, exploring international conferences, and facilitating scholarship funding. The lobbying efforts occurred at all levels of government. Continental Strategy pursued appropriations through the General Appropriations Act of 2022, ensuring the comprehensive integration of the University of Miami across the Miami to Washington, D.C. spectrum. The collaboration with federal government agencies and congressional representatives led to the successful expansion and diversification of the university into the Washington, D.C. region, securing federal funding under the General Appropriations Act 2022. Page 21 5. RELEVANT EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL AND SUBCONTRACTORS PERFORMING SERVICES Key Personnel Background CA RL OS TRUJIL L 0, Continental Strategy (111) o Representatives for eight years, was a founding partner of Trujillo, Vargas, Gonzalez and Hevia LLP, and worked as an assistant state attorney in Florida's 11th Judicial District for four years. Carlos has a Carlos Trujillo is the former Ambassador to the Organization of American States (OAS). Before his post at the U.S. Department of State, he served as an elected member of the Florida House of wealth of understanding of U.S. and Latin American politics and business and has strong ties to the Hispanic community, as well as state and national leadership and politics. He is based in Washington, D.C., with offices in Miami. In 2017, Carlos was appointed by former President Donald J. Trump to serve as the U.S. Permanent Representative to the Organization of American States (OAS), he was unanimously confirmed by the United States Senate. Before his appointment at the OAS, Carlos was appointed by President Trump to serve as a Representative of the United States to the 72nd General Assembly of the United Nations under former Ambassador Nikki Haley. In 2020, he was nominated by former President Donald J. Trump to serve as the Assistant Secretary for the Western Hemisphere at the U.S. Department of State. Before his work in Washington, Carlos was elected as State representative to the 105th District in the Florida House of Representatives, where he served in various capacities, including two years as chair of the Criminal Justice subcommittee and two years as Chairman of the Appropriations Committee. Carlos is the President of Continental Strategy and of President of Demand Democracy Now. He is an active member and manager of multiple real estate holding companies in Coral Gables, Florida. He previously served on the Florida International University Board of Trustees from 2021 to 2023, as a Board Member of the Public Health Trust of Jackson Memorial Hospital in Miami, Florida from 2015 to 2016, and was a member of the Electoral College in 2016. Carlos earned a Bachelors in Science in Business Administration from Spring Hill College in Mobile, Alabama and a Juris Doctor from Florida State University College of Law in Tallahassee, Florida. He is an active member of the Florida Bar and received an AV rating by Martindale -Hubbell. Page 23 ASHLEY SPICOLA, Ashley Spicola is the managing partner at Continental Strategy. Spicola worked for seven years for former Governor, now Senator Rick Scott, and is a veteran policy advisor and strategist with insider -level knowledge and understanding of all aspects of the Florida state budget process, from developing a proposed budget to the Governor's signature or veto. Before joining our team, Spicola was a consultant for the Safety Net Hospital Alliance of Florida. She advised and developed policy and budget proposals for its 14-member hospital systems throughout Florida. She adeptly navigated the complex business and policy environment in which hospital systems operate to administer the most complicated care to the most critical patients, including children. Spicola's extensive experience and deep understanding of policy and budget matters at both state and executive levels uniquely position her to significantly enhance federal lobbying efforts for the State University System of Florida (SUSF). With over 15 years of service in the executive branch, including her role as head of the Education Policy and Budget team during the Rick Scott Administration, Spicola has unparalleled knowledge of key players and critical issues in education policy. Her leadership in managing the state budget priorities totaling $20 billion underscores her ability to navigate complex fiscal landscapes and advocate effectively for SUSF's federal interests. Throughout her tenure, Spicola spearheaded transformative reforms aimed at reducing costs and improving outcomes for Florida students. Notably, her collaboration with college presidents and administration officials resulted in the development of innovative initiatives like the $10,000 degree program, demonstrating her commitment to advancing educational access and affordability. Spicola's strategic vision and expertise will undoubtedly contribute to advancing SUSF's federal advocacy objectives, ensuring impactful representation and advocacy on behalf of Florida's higher education institutions. Spicola is a Double Gator, holding two degrees from the University of Florida. She has a Master of Arts in Political Science, with a special emphasis on Political Campaigning, where she was awarded the Walter G. Campbell Leadership Award and a Bachelor of Science in Marketing from Warrington College of Business. Page 24 CHRIS MILES, Continental Strategy Chris Miles is a Partner in the Washington, D.C. office of Continental Strategy, with over a decade of experience in managing complex corporate and political campaigns across the United States. He began his career in Florida politics, serving in various governmental roles, including Chief of Staff to the Miami -Dade County School Board, Legislative Aide in the Florida House, and Special Assistant to the Governor of Florida. His experience in Washington, D.C., includes senior positions with U.S. Senators and Members of Congress. Chris was selected by former Speaker Kevin McCarthy and GOP leadership to lead the National Republican Congressional Committee's efforts in the Southeastern United States. In this role, he spearheaded the campaigns for Republican members across ten states, including numerous incumbents. Through these efforts, Chris forged strong relationships with members, their senior staff, and key donors, enhancing his reputation as a pivotal player in political strategy. In addition to his political work, Chris has advised numerous interest groups and corporate clients on strategy and messaging. He has extensive experience navigating state, local, and federal bureaucratic systems. Chris holds a Master of Public Administration from Penn State University and a Bachelor of Arts in Political Science from Florida International University. ANTHONY SOLA, Continental Strategy Anthony Sola, born and raised in Panama City, Panama, brings a wealth of expertise in international relations, public policy, and supply chain management. He earned a B.A. in Public Relations from the University of Miami and served as president of the university's competitive Spanish debate team. His professional experience includes campaign work in Florida for President Donald J. Trump, as well as engagements with the Organization of American States (OAS). Sola has extensive lobbying experience in Washington D.C., where he has advocated for policies to strengthen U.S.-Latin America relations, with a focus on trade, human rights, and economic development. In his leisure time, Anthony enjoys fishing and playing basketball. Page 25 GABRIELLE LARA, Continental Strategy Gabrielle Lara provides research and analytical support at Continental Strategy. She monitors legislative and regulatory developments to keep clients informed on critical issues. With a business development and marketing background, Lara brings attention to detail and effective communication skills to the table. Native to the Coral Gables area, Lara's home ties, like working for Senator Rubio's office in the Senator's D.C. office, where she covered hearings on domestic and international aid issues, gives her the benefit of seeing firsthand what constituents are looking for and how to achieve it. Lara holds a Bachelor of Arts in Political Science and Business Management from Emmanual College in Boston, MA. Page 26 Sub -Consultants Continental Strategy confirms that we will not utilize any sub -consultants for this project. Our in-house team of experienced professionals possesses the expertise and capability to handle all aspects of the services required. Therefore, no resumes or additional information about sub -consultants are provided, as all work will be managed and executed by our dedicated team members at Continental Strategy. Organizational Chart Ashley Spicola, Managing Partner Tallahassee Office * INCCRP CRATER * 18 95 0R%O Gabrielle Lara Washington, DC Office City of Miami Carlos Trujillo, President Chris Miles, Partner Anthony Sole Washington, DC Office Continental Strategy is dedicated to delivering exceptional federal lobbying services to the City of Miami. Our in-house team of experienced professionals will manage all aspects of the City of Miami's lobbying needs. Each key personnel member will bring their specialized knowledge and strategic insights to ensure that Miami's legislative and funding objectives are met efficiently and effectively. Page 27 ROLES & RESPONSIBILITIES: CARLOS TRUJILLO: • Carlos Trujillo, the Founder and President of Continental Strategy, will serve as this project's Principal Consultant and Strategic Advisor. He will oversee the development and implementation of legislative strategies, coordinate high-level advocacy efforts, and engage with federal officials and policymakers. Carlos's extensive network and connections will be leveraged to advance Miami's priorities and ensure effective communication with state and national leadership. Additionally, he will provide strategic advice and guidance to the City Council and staff, ensuring that the project aligns with Miami's objectives. ASHLEY SPICOLA: • Ashley Spicola, the Managing Partner, will bring her seasoned background in Florida's political landscape to the team. She will manage communication channels, provide updates on federal efforts, and offer support as needed. Ashley will coordinate with the team to ensure that all strategic initiatives are aligned with Miami's objectives, providing upper -level assistance to Carlos, Chris, Anthony, and Gabrielle. CHRIS MILES: • Chris Miles, a Partner at Continental Strategy, will play a crucial role in the federal legislative program. He will actively work on appropriations projects and contribute to program development, engaging with key members of Congress and federal officials through his well - established relationships. Chris will facilitate connections with senior staff and major donors to enhance advocacy efforts and act as a liaison between Miami and federal legislative bodies to promote and support critical initiatives. ANTHONY SOLA: • Anthony Sola, the Director of Government Affairs, will focus on monitoring legislation and budget developments. He will provide regular updates on these matters and ensure that Miami's interests are well -represented. Anthony will manage relationships with municipal stakeholders and public officials to advance Miami's interests and develop public policies that align with the City's strategic goals. His role will also include providing insights and strategies related to supply chain management that impact municipal operations and engaging with legislative bodies to advocate for Miami's priorities on Capitol Hill. GABRIELLE Art A. • Gabrielle Lara, the Policy Associate, will provide research and analytical support for the project. She will conduct detailed research and analysis to support legislative and policy initiatives, offer effective communication strategies, and engage constituents and stakeholders to address their needs and concerns. Gabrielle will monitor hearings and legislative developments, particularly in domestic and international aid areas, to inform Miami's strategies. She will also assist in preparing reports and presentations to communicate findings and recommendations to City officials. Page 28 6. PROPOSED APPROACH TO PROVIDING SERVICES Our ability to fulfill all requirements identified within Section 3.1, Scope of Work. Continental Strategy is fully equipped to fulfill all the requirements outlined in Section 3.1 of the Scope of Work. Our team's extensive experience and strategic approach ensure we can effectively address each specified responsibility, providing the City of Miami with comprehensive and effective lobbying services. 1. Regular Policy Updates and Tracking: Continental Strategy will provide consistent and timely updates on relevant policy developments. Our team will monitor legislative activities, regulatory changes, and other federal actions that impact the City of Miami. Using our advanced tracking systems and extensive network, we will ensure that the City is always informed about the latest policy trends and legislative movements. 2. Working with City Officials to Assess Engagement Strategies: We will work closely with City Officials to continuously evaluate and refine engagement strategies. By understanding the specific needs and priorities of the City of Miami, we will develop and implement strategies that benefit the community and support the City's objectives. Our collaborative approach ensures that all initiatives are aligned with the City's goals and that we can quickly adapt to any changes in priorities or circumstances. 3. Providing Political Intelligence and Legislative Activity Updates: Our team will deliver regular reports on legislative activities, providing detailed political intelligence that includes insights into the workings of Capitol Hill. These updates will consist of analyses of proposed legislation, regulatory changes, and other developments relevant to the City of Miami. By keeping the City informed, we enable proactive decision -making and strategic planning. 4. Providing Regular Reports: Continental Strategy is committed to maintaining open and transparent communication with the City of Miami. We will provide regular reports on a schedule determined by the City, whether these reports are oral, written, or both. These reports will cover the status of legislative efforts, insights from federal engagements, and any other relevant information to ensure the City remains well- informed and strategically positioned. 5. Providing Advice and Counsel: Our team will offer expert advice and counsel on legislative and regulatory matters as requested by the City. Leveraging our thorough grasp of federal processes and experience, we will guide the City through complex issues, providing recommendations that are tailored to Miami's specific needs and goals. Page 30 6. Continued Engagement with Congress, the White House, and Federal Agencies: Continental Strategy will maintain ongoing engagement with key members of Congress, the White House, and relevant federal agencies. Through our established relationships and strategic advocacy efforts, we will ensure that Miami's interests are consistently represented and advanced at the highest levels of government. This continued engagement is crucial for securing support and driving the City's legislative priorities forward. 7. Securing Government Funding: Our team is adept at identifying and securing government funding through various mechanisms, including earmarks, pilot projects, grants, and government contracts. We will work diligently to obtain financial support for Miami's initiatives, focusing on projects that enhance infrastructure, promote sustainability, and support economic development. Our proven success in securing funding for similar municipalities demonstrates our capability in this critical area. Continental Strategy's ability to fulfill the requirements of Section 3.1 of the Scope of Work is supported by our broad experience, strategic approach, and dedicated team of professionals. We are committed to providing the City of Miami with the highest level of service, ensuring that its legislative and administrative objectives are achieved effectively and efficiently. Our understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with the provisions set forth in Attachment E - Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances. Continental Strategy understands the comprehensive requirements outlined in Section 3.1 of the Scope of Work and is fully prepared to comply with all provisions of Attachment E - Article VI - Lobbyists, of the City Code, as well as all applicable state, federal, and local laws, regulations, and ordinances. Our approach ensures thorough compliance and effective advocacy for the City of Miami. Continental Strategy's approach to fulfilling the requirements of this solicitation is rooted in our commitment to ethical conduct, transparency, and rigorous compliance with all relevant laws and regulations. By following this comprehensive approach, Continental Strategy will effectively meet the City of Miami's requirements, providing robust and compliant lobbying services that advance the City's interests at the federal level. Continental Strategy is dedicated to fulfilling all requirements of this solicitation while adhering to the highest standards of ethical conduct and compliance. We are committed to providing the City of Miami with effective and compliant lobbying services, ensuring that all interactions with city officials and staff are conducted in accordance with the City Code and all applicable laws and regulations. Page 31 Our Strategy For: Representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; Our Strategy for Representing the City of Miami at Meetings with Key Members of Congress, the Executive Branch, and Federal Agencies: Continental Strategy employs a comprehensive and strategic approach to representing the City of Miami at meetings with key members of Congress, the Executive Branch, and federal agencies. Our strategy is designed to ensure that the City's interests are effectively communicated, understood, and advanced at the highest levels of the federal government. The approach encompasses thorough preparation, strategic engagement, and diligent follow- up to maximize the impact of each meeting. We aim to secure tangible results that support the City's priorities and contribute to its long-term success. .. Z 0 PREPARAT THOROUGH UNDERSTANDING MIAMI'S PRIORITIES: To effectively represent the City of Miami, we begin with an in-depth understanding of the City's legislative and administrative priorities. This involves detailed discussions with City officials to identify specific issues, projects, and funding needs. By comprehensively understanding Miami's goals, we can tailor our advocacy efforts to align perfectly with the City's objectives. RESEARCH AND ANAL YSIS: We conduct extensive research to identify the right stakeholders in Congress, the Executive Branch, and federal agencies influencing Miami's priority areas. This includes understanding their policy positions, legislative history, committee assignments, and any relevant personal interests. Our research also covers current legislative trends, policy proposals, and funding opportunities that align with the City's objectives. MESSAGE DEVELOPMENT: We collaborate with City officials to develop clear, compelling, data -driven messages that effectively communicate Miami's needs. Our team crafts tailored presentations, briefing materials, and talking points to ensure the City's positions are presented persuasively. These materials highlight the broader impacts of proposed projects and policies, demonstrating their benefits not only for Miami but also for the state of Florida and the nation. Page 32 H Z LLI 2 LLI CC Z LLI 0 C'3 H H 1) a I 0 0 LL C/) 0 Z 1- 0 0 STRATEG LEVERAGING RELATIONSHIPS: Our team leverages well -established relationships with strategic members of Congress, their staff, Executive Branch officials, and agency personnel. These relationships have been built over years of consistent engagement and trust -building. We strategically identify the most opportune times to engage these stakeholders, such as during committee hearings, briefings, or other relevant events. COORDINATING MEETINGS: We proactively schedule and coordinate meetings between City officials and key federal stakeholders. This includes arranging face-to-face meetings, virtual conferences, and participation in relevant hearings and briefings. We ensure City officials are well -prepared for these interactions by providing detailed briefing books and background information. PRESENTING MIAMI'S CASE: We present Miami's case clearly and effectively during these meetings. Our team members, often alongside City officials, articulate the City's priorities backed by robust data and compelling narratives. We emphasize the broader impacts of proposed projects and policies, highlighting their benefits not only for Miami but also for the state of Florida and the nation. TRACKING PROGRESS: After each meeting, we diligently track the progress of the issues discussed. This includes monitoring legislative developments, agency responses, and any follow-up actions required from our or the City's side. We maintain open lines of communication with the offices we engage with, ensuring that Miami's priorities remain on their radar. PROVIDING UPDATES: We provide the City of Miami with regular updates on the outcomes of meetings, legislative progress, and any changes in the policy landscape. These detailed and actionable updates allow City officials to stay informed and make strategic decisions. SUSTAINING ENGAGEMENT: Our strategy involves sustaining long-term engagement with key federal stakeholders. We do not view meetings as one-off events but as part of an ongoing dialogue. Maintaining consistent contact and follow-up ensures that Miami's priorities are continuously advanced and that relationships are strengthened over time. Page 33 Our Strategy For: Monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. Continental Strategy employs a robust and systematic approach to monitoring, identifying, interpreting, and reporting on key issues and developments on Capitol Hill that are relevant to the City of Miami. Our strategy ensures that the City remains informed and proactive in addressing legislative, regulatory, and policy changes that impact its interests. The approach is structured around continuous monitoring, strategic analysis, and timely communication. Z cc 0 H Z 0 2 C/) 0 Z 1- 0 C.) REAL-TIME LEGISLATIVE TRACKING: Our team utilizes advanced legislative tracking software to monitor real-time developments on Capitol Hill. This includes tracking bills, amendments, committee hearings, floor debates, and votes. We stay abreast of all legislative activities that could potentially impact the City of Miami. STAKEHOLDER ENGAGEMENT. - We maintain active relationships with important members of Congress, their staff, and federal agency officials. These relationships allow us to receive early warnings and insider information about emerging issues and legislative priorities. Our team regularly attends hearings, briefings, and meetings to gather firsthand information. MEDIA AND INFORMATION SOURCES: We monitor a wide range of media sources, including national news outlets, industry publications, and policy think tanks. This helps us identify broader trends and public opinions that may influence legislative and regulatory developments. Additionally, we review policy reports, white papers, and research studies to gain deeper insights into specific issues.. Page 34 C.) H Cr H 1) .. a 0 0 LL C/) 0 H 0 C.) STRATEG ISSUE IDENTIFICATION: Our team conducts thorough analyses to identify issues relevant to the City of Miami. We focus on areas such as infrastructure funding, disaster relief, transportation, environmental regulations, and urban development. We can filter and highlight the most pertinent issues by understanding Miami's priorities. IMPACT ASSESSMENT: We conduct a detailed impact assessment for each identified issue. This involves evaluating how proposed legislation or regulatory changes might affect Miami's operations, funding opportunities, and strategic goals. We consider both immediate and long-term impacts to provide a comprehensive analysis. POLICY INTERPRETATION: Our experienced analysts and subject matter experts interpret complex legislative and regulatory texts. We break down technical language and legal jargon into clear, actionable insights. This ensures that City officials fully understand the implications of each issue and can make informed decisions. REGULAR REPORTS: We provide the City of Miami with regular reports on key issues. When Congress is in session, we will deliver timely updates, including summaries of relevant bills, status reports on legislative actions, and analysis of potential impacts. Outside of sessions, we provide monthly reports that cover ongoing regulatory developments and emerging issues. BRIEFING MATERIALS: For high -priority issues, we prepare detailed briefing materials that include background information, key arguments, and strategic recommendations. These materials are designed to support City officials in their engagements with federal stakeholders and to inform internal decision -making processes. ALERTS AND NOTIFICA TIONS: We send timely alerts and notifications to City officials whenever significant developments occur. These alerts include breaking news on critical votes, announcements from federal agencies, and shifts in policy direction. We aim to ensure Miami is always prepared to respond to new challenges and opportunities. STAKEHOLDER MEETINGS: We organize regular meetings and conference calls with City officials to discuss current issues and strategic responses. These meetings provide a platform for real-time information exchange and collaborative decision -making. Our team is always available to address questions and provide additional insights as needed. Pane 35 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: Continental Strategy ADDRESS: 1747 Pennsylvania Ave, 20006 Suite 875 PHONE: 850.999.8468 EMAIL: ctrujillo@continentalstrategy.com SIGNED BY: Carlos Trujillo FAX: CELL(Optional): TITLE: President/Founder DATE: May 30, 2024 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 3 Page 36 Certifications Legal Name of Firm: Continental PLLC Firm's Federal Employer Identification Number ("FEN"): 86-1278551 Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: 2022 Office Location: City of Miami, Miami -Dade County, or Other Coral Gables Business Tax Receipt/Occupational License Number: #248474 Business Tax Receipt/Occupational License Issuing Agency: City of Coral Gables Business Tax Receipt/Occupational License Expiration Date: 09/30/2024 Will Subcontractor(s) be used? (Yes or No) No If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: N/A Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. All addendums were received. Addendum #1 was received on May 11th. Addendum #2 was received on May 29th. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Yes Acknowledge that if awarded, Proposer will be required to execute the Professional Services Page 3 of 3 Page 37 Request for Qualifications No. 1790386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. We acknowledge the clauses listed above and executing the proffesional services agreement. Page 38 Request for Qualifications No. 1790386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. Page 39 Titv of Thami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Continental Strategy DATE: May 11, 2024 Page 40 eitv of Uiami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al . This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E — Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. Page 41 Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: SIGNATURE: Continental Strategy DATE: May 29th, 2024 Page 42 THANK YOU! Continental Strategy 1747 Pennsylvania Avenue, NW, Suite 875 Washington, D.C. 20006 www.continentalstrategy.com @a ContStratFL City of Miami Solicitation RFQ 1790386 Solicitation RFQ 1790386 Federal Lobbying Services Solicitation Designation: Public 5/10/2024 10:53 AM p. 1 City of Miami Solicitation RFQ 1790386 City of Miami 5/10/2024 10:53 AM p. 2 City of Miami Solicitation RFQ 1790386 Solicitation Number Solicitation Title Solicitation Start Date Solicitation End Date Question &Answer End Date Solicitation Contact Contract Duration Contract Renewal Prices Good for Pre -Solicitation Conference Solicitation Comments Addendum # 1 Item Quantity Unit Price Delivery Location Solicitation RFQ 1790386 Federal Lobbying Services RFQ 1790386 Federal Lobbying Services May 1, 2024 5:00:12 PM EDT May 31, 2024 5:00:00 PM EDT May 15, 2024 5:00:00 PM EDT Charles Johnson 305-416-1924 cjohnson@miamigov.com See Specifications See Specifications 180 days May 8, 20241:30:00 PM EDT (Online) Attendance is optional Added on May 10, 2024: Addendum No. 1 Item Response Form RFQ 1790386--01-01 - Please disregard this line item. See RFQ Document 1 each City of Miami City of Miami Department of Procurement 444SW2ndAve 6th Floor Miami FL 33130 Qty 1 Description Please disregard this line item. See RFQ document. 5/10/2024 10:53 AM p. 3 City of Miami Solicitation RFQ 1790386 5/10/2024 10:53 AM p. 4 City of Miami Solicitation RFQ 1790386 City of Miami Request for Qualifications (RFQ) Procurement Department Miami Riverside Center 444 SW 2ndAvenue, 6'h Floor Miami, Florida 33130 Web Site Address: www.miamigov.com/procurement RFQ Number: Title: Issue Date/Time: RFQ Closing Date/Time: Pre -Proposal Conference: Pre- Proposal Date/Time: Pre -Proposal Location: Deadline for Request for Clarification: Contracting Officer: Contracting Officer E-Mail Address: 1790386 Federal Lobbying Services 1-MAY-2024 31-MAY-2024 @ 17:00:00 Voluntary 8-MAY-2024 @ 11:00:00 Virtual via Microsoft TEAMS Click here to join the meeting Meeting ID: 271 656 450 883 Passcode: GLz8c8 or via Phone: (786) 598-2961 Phone Conference ID: 928 693 285# 15-MAY-2024 @ 17:00:00 Johnson, Charles CJohnson@miamigov.com 5/10/2024 10:53 AM Page 1 of 3 p. 5 City of Miami Solicitation RFQ 1790386 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 3 5/10/2024 10:53 AM p. 6 City of Miami Certifications Solicitation RFQ 1790386 Legal Name of Firm: Firm's Federal Employer Identification Number ("FEN"): Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response). If no subcontractor(s) will be utilized, please insert N/A.: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 5/1/24). If no addendum/addenda was/were issued, please insert N/A. Has Proposer reviewed the attached Sample Professional Services Agreement? Yes / No Acknowledge that if awarded, Proposer will be required to execute the Professional Services Page 3 of 3 5/10/2024 10:53 AM p. 7 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Agreement in substantially the attached form. In addition, Proposer must acknowledge that certain clauses (including #2 Contract Term, #7 Audit and Inspection Rights and Records Retention, #9 Public Records, #10 Compliance with Federal, State and Local Laws, #11 Indemnification/Hold Harmless/Duty to Defend, #14 Termination; Obligation Upon Termination, #16 Nondiscrimination, and # 24 City Not Liable for Delays) are non-negotiable. 5/10/2024 10:53 AM p. 8 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 IMPORTANT NOTICE TO PROPOSERS • FAILURE TO COMPLETE, SIGN, AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATIONS SECTION WILL RENDER YOUR PROPOSAL NON -RESPONSIVE. • ATTACHMENT FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL -FREE NUMBER 800-990-9339, EMAIL SUPPORT(&BIDSYNC.COM, OR SUPPORT.BIDSYNC.COM FOR BIDSYNC TECHNICAL DIFFICULTIES AND/OR ISSUES. 5/10/2024 10:53 AM p. 9 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Table of Contents Terms and Conditions 1. General Terms and Conditions 1.1. GENERAL TERMS AND CONDITIONS 2. Special Conditions 2.1. PURPOSE 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE 2.3. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.4. TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6. METHOD OF AWARD 2.7. LIVING WAGE ORDINANCE 2.8. PROPOSERS MINIMUM QUALIFICATIONS 2.9. PROPOSERS PREFERRED QUALIFICATIONS 2.10. REFERENCES 2.11. LOCAL PREFERENCE 2.12. EXECUTION OF AN AGREEMENT 2.13. PRE -QUALIFIED POOL / WORK ORDER ASSIGNMENT PROCESS 2.14. INSURANCE REQUIREMENTS 2.15. PROJECT MANAGER 2.16. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 2.17. REMOVAL OF EMPLOYEES/SUBCONTRACTORS 2.18. UNAUTHORIZED WORK 2.19. CHANGES/ALTERATIONS 2.20. COMPENSATION 2.21. METHOD OF PAYMENT 2.22. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 2.23. RECORDS 2.24. ADDITIONAL SERVICES 2.25. TRUTH IN NEGOTIATION CERTIFICATE 2.26. NON -APPROPRIATION OF FUNDS 2.27. FAILURE TO PERFORM 2.28. TERMINATION 2.29. ADDITIONAL TERMS AND CONDITIONS 2.30. E-VERIFY EMPLOYMENT REQUIREMENTS 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS 5. Evaluation Criteria 5.1. EVALUATION CRITERIA 5/10/2024 10:53 AM p. 10 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Terms and Conditions 1. General Terms and Conditions GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1 ACCEPTANCE OF GOODS, EQUIPMENT OR SERVICES - Any good(s), equipment or services delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. In terms of this Solicitation the use of the word "services" includes without limitation professional and personal services as that term professional and personal services is defined by the City of Miami Procurement Ordinance and as set forth in the Definitions Section 18-73 of the City Code. 1.2 ACCEPTANCE OF OFFER - Subject to prior occurrence of all condition's precedent set forth in Section 1.88, The signed or electronic submission of your solicitation response shall be considered an offer on the part of the Proposer; such offer shall be deemed accepted upon the occurrence of all conditions precedent and issuance by the City of a purchase order or notice to proceed, as applicable. In summation, execution of a Professional Services Agreement and/or Agreement, approval by a referendum as stated in this RFQ, and issuance by the City of a purchase order, and/or notice to proceed, as applicable. 1.3 ACCEPTANCE/REJECTION - The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Procurement shall notify all affected Proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any Proposer: 1) Who has previously failed to properly perform under the terms and conditions of a Professional Services Agreement ("PSA") and/or Agreement, 2) Who failed to deliver on time, contracts of a similar nature, 3) Who is not in a position to perform the requirements defined in this formal solicitation 4) Who has been debarred, 5) Who is on the convicted vendors list, 6) Who is indebted to the City, or 7) Who is otherwise determined to be non- responsive or non -responsible. 5/10/2024 10:53 AM p. 11 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 The City further reserves the right to waive any irregularities, minor informalities, or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4 ADDENDA - It is the Proposer's responsibility to ensure receipt of all Addenda. Addenda are available on the BidSync Procurement Solutions Platform ("BidSync") only. 1.5 ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6 ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all its rights, title or interest herein, without the City Manager's prior written consent. 1.7 ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8 AUDIT RIGHTS AND RECORDS RETENTION - The Successful Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. The audit and inspection provisions set forth in Sections 18-100 to 18-102, City Code, are deemed as being incorporated by reference herein as set forth in full. 1.9 AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not -for -profit, or quasi - governmental entity in the State of Florida, may avail itself of this Contract and purchase any, and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Proposer at the Contract price(s) established herein, when permissible by Federal, State, and local laws, rules, and regulations. Each governmental, not -for -profit or quasi -governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Proposer. 1.10 AWARD OF CONTRACT: A. The PSA and/or Agreement, the Formal Solicitation, the Proposer's response, any addenda issued, and the blanket purchase order shall constitute the entire contract, unless modified in accordance with any ensuing amendment or addenda. 5/10/2024 10:53 AM p. 12 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 B. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Proposer is in default of these contractual requirements, the City, through action taken by the Department of Procurement, will void its acceptance of the Proposer's Response and may accept the Response from the next lowest responsive, responsible Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Proposer and its proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Proposer's default. C. The term of the contract shall be specified in one of three documents which shall be issued to the Successful Proposer. These documents may either be a blanket purchase order, notice of award and/or contract award sheet. D. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and awarded. If the right is exercised, the City shall notify the Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Proposer are in mutual agreement of such extensions. E. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. F. An PSA and/or Agreement shall be awarded to the Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an PSA and/or Agreement with the Proposer, whichever is determined to be in the City's best interests. Such PSA and/or Agreement which will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. All conditions precedent identified in Section 1.88 before any Agreement is binding. 1.11 BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all Proposers, if so indicated under the Special Conditions. This check or bond guarantees that the Proposer will accept the order or contract/agreement, as proposed, if it is awarded to the Proposer. Proposer shall forfeit proposal deposit to the City should the City award the contract/agreement to the Proposer and if Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Proposal deposits are returned to unsuccessful Proposers within ten (10) days after the award and Successful Proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all deposits will be returned on demand. 1.12 RESPONSE FORM - All forms should be completed, signed and submitted accordingly. 1.13 BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute a PSA and/or Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause 5/10/2024 10:53 AM p. 13 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be negotiated with the next highest ranked responsive and responsible Proposal most advantageous to the City or all responses may be rejected. 1.14 BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or Proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15 CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of proposal cancellation, the Director of Procurement shall notify all prospective Proposers and make available a written explanation for the cancellation. 1.16 CAPITAL EXPENDITURES - Proposer understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the Contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Contractor. If Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17 CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18 COLLUSION - Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Procurement Department or initiating department. The Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred, and the City reserves the right to reject any and all responses where collusion may have occurred. 1.19 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, competitive solicitations etc., et. al., as applicable. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: 5/10/2024 10:53 AM p. 14 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. City Financial Policies, City Code Chapter 18, Article IX. N. City of Miami Charter Sections 3(f) (iii) and 29-B. O. City of Miami Sale or Lease of Real Property, City Code Chapter 18, Article V. P. City of Miami Living Wage Ordinance, Chapter 18, Article X, City Code. Q. Alcoholic beverage, food and beverage laws, approvals and permits as required by state and local laws. R. Miami -Dade County Shoreline Review Ordinance Chapter 33D, Article III, Miami -Dade County Code. Lack of knowledge or notice by the Proposer will in no way be a cause for relief from responsibility. Non- compliance with all local, state, and federal directives, orders, regulations, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20 CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is 5/10/2024 10:53 AM p. 15 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 imposed upon each RFP, RFQ, or RFLI after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, or RFLIs between potential vendors, service providers, Proposers, lobbyists or consultants (among others) and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications, oral communications with the City's Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document. The provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, or RFLI documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, or RFLI, by City Procurement staff. Proposers must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any Proposer shall render any award voidable. A violation by a particular Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami -Dade County Ethics Commission. Proposers should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21 CONFIDENTIALITY - As a political subdivision and Florida municipality, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22 CONFLICT OF INTEREST - Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee (or former employee of the City who left City service within the past two (2) years) who owns, directly or indirectly, an interest of five percent (5%) or more of the total 5/10/2024 10:53 AM p. 16 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 assets of capital stock in the Proposer's firm. A. Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within their trust, or perform their duties, to secure a special privilege, benefit, or exemption for itself, or others. Proposer may not disclose or use information not available to members of the general public and gained by reason of their position, except for information relating exclusively to governmental practices, for their personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Proposer who is a person (every officer, official and employee of the city, including every member of any board, commission or agency of the city) as defined in Section 2-611 of the City Code, hereby acknowledges that it has not contracted or transacted any business with the City or any person or agency acting for the City and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Proposer further warrants that they are not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Proposer to immediate termination of any Professional Services Agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23 COPYRIGHT OR PATENT RIGHTS - Proposers warrant that there has been no violation of any intellectual property, copyright or patent rights in manufacturing, producing, or selling the goods or equipment shipped or ordered and/or services provided as a result of this formal solicitation, and Proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24 COST INCURRED BY PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Proposer(s). 1.25 DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City 5/10/2024 10:53 AM p. 17 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (i) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (ii) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (iii) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (iv) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (v) Debarment or suspension of the Contractual Party by any federal, state, local, or other governmental (public) agency or entity. (vi) False certification pursuant to paragraph (c) below. (vii) Found in violation of a zoning ordinance for which the violation remains noncompliant. (viii) Found in violation any city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (ix) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(v). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said parry's right to seek judicial relief. 1.26 DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not: 1) submit a response fora contract to provide goods or services to a public entity; 2) Submit a response on a contract with a public entity for the construction or repair of a public building or public work; 3) Submit response on leases of real property to a public entity; 4) award 5/10/2024 10:53 AM p. 18 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity; and 5) transact business with any public entity. 1.27 DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Proposer to meet any terms of this agreement, the City will notify the Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28 DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each proposal will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A. Responsive Proposal is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Proposal non -responsive. B. Determination of Responsibility. A Responsible Proposer shall mean a Proposer who has submitted a proposal and who has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract requirements, and the integrity and reliability of which give reasonable assurance 5/10/2024 10:53 AM p. 19 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 of good faith and performance. 1. Proposals will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s) required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2. The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity, in making the award. 3. The City may require the Proposer(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.29 DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 180 days from approval by the City Commission. Any discounts offered by a manufacturer to Proposer will be passed on to the City. 1.30 DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) PSA and/or Agreement and/or any Amendments to the PSA and/or Agreement 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31 EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32 ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any 5/10/2024 10:53 AM p. 20 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33 ESTIMATED QUANTITIES - Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the most advantageous Proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34 EVALUATION OF RESPONSES A. Rejection of Responses The City may reject a Response for any of the following reasons: 1) Proposer fails to acknowledge receipt of addenda; 2) Proposer misstates or conceals any material fact in the Response; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and 6) Response was not executed by the Proposer's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination from Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is in default on a bid, payment/ performance, bond they have submitted or as the surety bond or certificate furnished has not performed despite demand they do so or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 5/10/2024 10:53 AM p. 21 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well -established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35 EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36 F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37 FIRM PRICES - The Proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38 FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE - A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Proposer's/Contractor's and their subcontractor's responsibility to understand 5/10/2024 10:53 AM p. 22 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst. It is the Proposer's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Proposer must provide, with its bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Proposer's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Proposer/Contractor must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Section 18-557 of the City Code for a complete and thorough description of the City of Miami Living Wage Ordinance. 1.39 GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. In any action or proceeding each party shall bear their own respective attorney's fees. 1.40 HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of"individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not 5/10/2024 10:53 AM p. 23 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted 5/10/2024 10:53 AM p. 24 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43 FORMATION AND DESCRIPTIVE LITERATURE - Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44 INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45 INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.46 INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. 5/10/2024 10:53 AM p. 25 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 The Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Proposer. 1.47 INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48 LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non - local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49 MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the Proposer must bear full liability. 1.50 MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Procurement of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51 MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Proposer grants now or in the future to a similarly situated local government. 1.52 NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 5/10/2024 10:53 AM p. 26 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 1.53 NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in Proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT - Successful Proposer shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Successful Proposer shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Successful Proposer shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Successful Proposer affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the Formal Solicitation. Furthermore, Successful Proposer affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Proposer shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55 NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful Proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined 5/10/2024 10:53 AM p. 27 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 to be in the best interest of the City. 1.56 NOTICE REGARDING "CURES" - Proposals submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals (RFP), Invitation to Bid (ITB), Invitation for Bids (IFB), Invitation to Quote (ITQ), Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities, deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP/Q SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP/Q. Proposer understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the Evaluation/Selection Process. 1.57 OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Proposer to supply the license to the City during the evaluation period, but prior to award. 1.58 ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. 1.59 OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Proposer for any other purposes whatsoever without the written consent of the City. 1.60 PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.61 PERFORMANCE/PAYMENT BOND - A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.62 PREPARATION OF RESPONSES - Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Proposer's risk. 5/10/2024 10:53 AM p. 28 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 A. Each Proposer shall furnish the information required in the Formal Solicitation. The Proposer shall sign the Response and print in ink or type the name of the Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used at all times. Use of any other forms will result in the rejection of the response. ANY REQUIRED ATTACHMENTS PROVIDED BY THE CITY MUST BE RETURNED TO THE CITY OR YOUR RESPONSE SHALL BE DEEMED NON -RESPONSIVE. 1.63 PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.64 PRODUCT SUBSTITUTES - In the event a particular good (that has been awarded and approved) becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.65 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.66 PROMPT PAYMENT - Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. 5/10/2024 10:53 AM p. 29 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful Proposers during the term of the contract. 1.67 PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.68 PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.69 PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list, following a conviction for a public entity crime may not: A. Submit a Bid to provide any goods or services to a public entity. B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity. E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70 PUBLIC RECORDS - Proposer understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City Code, Section 18, Article III, and agrees to allow access by the City and the public, to all 5/10/2024 10:53 AM p. 30 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 documents subject to disclosure under applicable law. Successful Proposer shall additionally comply with the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records". Proposer shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B. Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 1.71 QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72 QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.73 REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.74 RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) A. Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the City Attorney, shall have the authority to resolve disputes between the Proposer and the City which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City 5/10/2024 10:53 AM p. 31 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 Commission must approve the City Manager's decision. Such authority extends, without limitation, to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B. Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission, or the City Manager, which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such parry's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75 RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104): Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals, request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract. The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non -responsiveness or non -responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. 5/10/2024 10:53 AM p. 32 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. Authority to resolve protests; hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved by the city commission, to resolve protests filed in accordance with this section, no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2- 811 of the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative 5/10/2024 10:53 AM p. 33 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award, which may include a recommendation for award by the city manager to the city commission, as applicable, should be overturned. The party recommended for award, if it is a protest of award, shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the protester. b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response. When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer, irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager, the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. 5/10/2024 10:53 AM p. 34 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection (b) above, unless the city manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. Costs. All costs accruing from a protest shall be assumed by the protestor. Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the chief procurement officer and/or the city commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629, § 2, 9-8-16). 1.76 SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, Proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.77 SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Proposer shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 5/10/2024 10:53 AM p. 35 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 1.78 SERVICE AND WARRANTY - When specified, the Proposer shall define all warranty, service and replacements that will be provided. Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.79 SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services are to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the Proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of proposal. 1.80 SUBMISSION AND RECEIPT OF RESPONSES - Electronic Proposal submittals to this RFQ are to be submitted through BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly the responsibility of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Proposals received and time stamped through BidSync, prior to the Proposal submittal deadline shall be accepted as a timely submittal; anything thereafter will be rejected. Additionally, BidSync will not allow for the electronic Proposal submittal after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. 1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). 2. Shall submit all Proposals electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's Proposal submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. 5. Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. 6. May be considered non -responsive if Proposals do not conform to the terms and conditions of this solicitation. 1.81 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Proposers should be aware of the fact that all materials and supplies which are purchased by the Proposer for the completion of the contract is subject 5/10/2024 10:53 AM p. 36 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Proposer. 1.82 TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.83 TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.84 TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.85 TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.86 TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE - All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.87 UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the qualified Proposer(s) nor any 5/10/2024 10:53 AM p. 37 City of Miami Solicitation RFQ 1790386 Request for Qualifications No. 1790386 of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88 USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.89 VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, Proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. 5/10/2024 10:53 AM p. 38 City of Miami Request for Qualifications No. ao190386 RFQ 1790386 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for a pre -qualified pool of firms to provide Federal Lobbying Services ("Pool"), as specified herein, from a source(s), that will provide prompt and efficient service, fully compliant with the terms, conditions and stipulations of the Solicitation. 2.2. VOLUNTARY PRE -PROPOSAL CONFERENCE A Virtual Voluntary pre -proposal conference will be held May 8th, 2024 at 1:30 PM, via Teams Click here to join the meeting — Meeting ID: 271 656 450 883; Passcode: GLz8c8, or via phone (786) 598-2961, Phone Conference ID 928 693 285#. A discussion of the requirements of the Solicitation will occur at that time. Each potential Proposer is required, prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the RFQ will be included in an addendum, that will be distributed through BidSync, following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended. 2.3.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION / CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the BidSync Portal. All questions must be received no later than May 15th, 2024 @ 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.4. TERM OF CONTRACT The Proposer(s) qualified to provide the services requested herein (the "Successful Proposer(s)") shall be required to execute a Professional Services Agreement ("PSA" or "Contract") with the City, which shall include, but not be limited to, the following terms: (1) The term of the Contract shall be for five (5) years with an option to renew for one (1) additional two (2) year period. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds Each renewal of this contract is subject to the Successful Proposer(s)'s continued satisfactory performance compliance with the specifications, terms and conditions established herein. 2.6.METHOD OF AWARD Award shall be made to all responsive and responsible Proposer(s) who meet and/or exceed the minimum qualifications. The Proposer (s) shall be placed on a list of pre -qualified firms who will be contacted by the City on an as needed basis and as the City may deem in its sole and best interest. During the term of this contract and at the sole discretion of the City, additional firms may be added or removed from the pool at any time, as the City may deem in its sole and best interest. If the City elects to 5/10/2024 10:53 AM p. 39 City of Miami Request for Qualifications No. ao790i86 RFQ 1790386 add firms, they must meet and/or exceed the same minimum qualifications set forth in this Solicitation. 2.7.LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on, or after January 1, 2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in FL. Stat. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A, and is located in the Documents Section of BidSync. If a solicitation requires services, effective on January 1, 2017, contractors must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. 2.8. PROPOSERS' MINIMUM QUALIFICATIONS Proposer(s) interested in responding to this Solicitation must provide the information on the firm's: 1. Qualifications and experience; 2. Qualifications of the project team; 3. Account Manager's experience; 4. Previous projects with similarly sized governments or entities; Additionally, Proposer must: 5. Be an established firm, legally qualified to do business in the state of Florida, in possession of all licenses and certifications required to provide services related to those requested in this RFQ; 6. Have never filed for bankruptcy, be in sound financial condition, have no record of civil litigation or pending lawsuits involving criminal activities of a moral turpitude, and shall not have conflicts of interest with the City; and 7. Must not have a member, officer, or stockholder who is in arrears or in default of any debt or contract involving the City, is a defaulter or surety upon any obligation to the City, and/or has failed to perform faithfully any contract with the City. Submittals that do not contain responses to all requirements shall be considered non -responsive and eliminated from the process. 2.9. PROPOSERS' PREFERRED QUALIFICATIONS The following are preferred qualifications that the Proposers shall have: 1. Strong working knowledge of legislative, administrative, and regulatory processes at the federal level; 2. Clear understanding of large urban areas, including specific knowledge of the City; 3. Clear understanding of issues impacting the City; 4. History of successfully representing municipalities at the federal level; 5. History of successful lobbying experience at the federal level; and 6. Clear strategy for representing the City at meetings with key members of Congress, members of the Executive Branch, and individuals within Federal Agencies. 2.10. REFERENCES Each proposal MUST be accompanied by a list of three (3) references submitted on Attachment B — 5/10/2024 10:53 AM p. 40 City of Miami Request for Qualifications No.10 00386 RFQ 1790386 Reference Submittal form for projects performed for government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 2.11 LOCAL PREFERENCE Proposers wishing to apply for the local office preference shall comply with the General Terms and Conditions, Section 1.48 Local Preference of this solicitation and with Section 18-73 of the City of Miami Procurement Code, titled "Definitions", and shall submit with the Proposal at the time of the Proposal due date the following: • Completion and submission of the attached City of Miami Local Office Certification Form provided as Attachment C, located in the Documents Section in BidSync; • Submission of a copy of the Proposer's lease documents at the location being deemed a City of Miami Local Office; • Submission of a City of Miami Business Tax Receipt; • Submission of a Miami Dade County Business Tax Receipt; and • Submission of a copy of the license, certificate of competency, and certificate of use that authorizes the performance of the Proposer. 2.12 EXECUTION OF AN AGREEMENT The Successful Proposer(s), evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a Professional Services Agreement ("PSA") with the City. The City reserves the right to execute or not execute, as applicable a PSA with the Successful Proposer(s) in substantially the same form as the sample PSA included as part of this solicitation. Such PSA will be furnished by the City, will contain certain terms as are in the City's best interest, and will be subject to approval as to legal by the City Attorney. 2.13 PRE -QUALIFIED POOL / WORK ASSIGNMENT PROCESS Membership in the Pre -Qualified Pool is a pre -requisite for obtaining work on potential individual projects issued through the Pool. However, there is no guarantee that all or any Pool members will be assigned any work on any individual project. Upon selection into the Pool, the City reserves the right, through its City Manager or designee, to assign work on individual projects to any pre -qualified firm as may be deemed in the City's sole and best interest. The City further reserves the right to assign said work on individual projects on a fixed price basis and anticipates that most, if not all, projects will be assigned in this manner. The City further reserves the right to enter into negotiations with any pre -qualified firm for an agreement for said assignment of work on any individual project; and, should said negotiations be unsuccessful, the City reserves the right to terminate the same and commence negotiations with such other pre -qualified firm as may be deemed in the City's sole and best interest. This process may continue until the City comes to a successful agreement with a selected Pool member. No Pool member shall have any rights against the City arising from such negotiations. All work assignments during the Agreement period will be on an "as -needed" basis, complying with notification requirements. At the City's discretion, Successful Proposers may be dropped from the pre - qualified pool for lack of participation, which shall include prior performance, being in arrears in obligations to the City, or other reasons specified by City policies. Pre -qualified firms shall not be restricted in any way from responding to other City solicitations and being selected for other pools the City may establish as it may deem in its sole and best interest. 2.14.INSURANCE REQUIREMENTS 5/10/2024 10:53 AM p. 41 City of Miami Request for Qualifications No.1o7i90386 RFQ 1790386 INDEMNIFICATION Successful Proposer shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgments, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Proposer and persons employed or utilized by Successful Proposer in the performance of this Contract. Successful Proposer shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Proposer shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Proposer expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Proposer shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Proposer to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Proposer, or persons employed or utilized by Successful Proposer. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Proposer shall require all subcontractors(s) agreements to include a provision that each subcontractor(s) will indemnify the City in substantially the same language as this Section. The Successful Proposer agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Proposer in which the City participated either through review or concurrence of the Successful Proposer's actions. In reviewing, approving or rejecting any submissions by the Successful Proposer or other acts of the Successful Proposer, the City, in no way, assumes or shares any responsibility or liability of the Successful Proposer or subcontractor(s) under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Proposer. Note: Insurance Definitions, Conditions and Additional Requirements are provided as Attachment D to this solicitation which is located in the Documents Section of BidSync. The Successful Proposer shall furnish to City of Miami, c/o Procurement Depaitnient, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 5/10/2024 10:53 AM p. 42 City of Miami Primary Insurance Clause Endorsement II. Business Automobile Liability Request for Qualifications No. o7i00386 RFQ 1790386 A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit, IV. Professional Liability/Errors and Omissions Combined Single Limit Each Claim General Aggregate Limit Retro Date Included Coverage $ 1,000,000 $ 1,000,000 V. Network Security and Privacy Injury (Cyber Liability) If Applicable Each Claim Policy Aggregate Retro Date Included $ 1,000,000 $ 1,000,000 Successful Proposer agrees to maintain Professional Liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of one (1) year after termination of the contract period, subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 2.15.PROJECT MANAGER 5/10/2024 10:53 AM p. 43 City of Miami Request for Qualifications No. o700 i86 RFQ 1790386 Upon award, Successful Proposer(s) shall report and work directly with the City Manager's designee, who shall be designated as the Project Manager for the City. 2.16.SUBCONTRACTOR(S) OR SUBCONSULTANT(S) A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this Solicitation. Sub -Contractors shall be paid through Proposer or Proposer's firm and not paid directly by the City. Sub -Contractors are allowed by the City in the performance of the services delineated within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub-Contractor(s) to be utilized in the performance of required services. The City retains the right to accept or reject any Sub -Contractors proposed in the response of Successful Proposer(s) or prior to contract execution. Any and all liabilities regarding the use of a Sub- Contractor(s) shall be borne solely by the Successful Proposer(s) and insurance for each Sub-Contractor(s) must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither Successful Proposer(s) nor any of its Sub -Contractors are considered to be employees or agents of the City. Failure to list all Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from performing work under this Solicitation. Proposers shall include in their Responses the requested Sub -Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Successful Proposer(s) shall provide a list confirming the Sub -Contractors that the Successful Proposer(s) intends to utilize in the Contract, if applicable. The list shall include, at a minimum, the name, location of the place of business for each Sub - Contractor, the services Sub -Contractor will provide relative to any contract that may result from this Solicitation, any applicable licenses, references, ownership, and other information required of Proposer. 2.17. REMOVAL OF EMPLOYEES / SUBCONTRACTORS All employees of the Successful Proposer and Subcontractor(s)'s, if applicable, shall be considered to be, at all times, employees of the Successful Proposer and Subcontractor(s) under its sole direction and not employees or agents of the City. The Successful Proposer and Subcontractor(s) shall supply competent and capable employees. The City may require the Successful Proposer or Subcontractor(s) to remove an employee(s) the City deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment under this contract is not in the best interest of the City. 2.18.UNAUTHORIZED WORK The Successful Proposer shall not begin work until a Purchase Order and/or a Notice to Proceed are received. 2.19.CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.20.COMPENSATION The amount of compensation payable to Pool Consultants will be determined at the discretion of the City Manager or his/her designee and according to the nature and complexity of the task at hand. 2.21.METHOD OF PAYMENT Payment will be made upon receipt and acceptance of invoices. No partial down payments will be made. 2.22.EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. (2) Receipt of responses. (3) Opening and listing of all responses received. 5/10/2024 10:53 AM p. 44 City of Miami Request for Qualifications No. o700386 RFQ 1790386 (4) Procurement staff will review each submission for compliance with the submission requirements of the solicitation, including verifying that each submission includes all documents required. (5) An Evaluation Committee ("Committee"), appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate the proposals in accordance with the requirements of this solicitation and based upon the evaluation criteria as specified within Section 5, Evaluation Criteria. (6) The Committee reserves the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at the convenience of the Committee and shall be recorded. The recommendations of the Committee shall be submitted to the City Manager. (7) The City Manager reserves the right to reject the Committee's recommendations and instruct the Committee to re-evaluate and make another recommendation or reject all proposals. No Proposer(s) shall have any rights against the City arising from such termination thereof. (8) If the City Manager accepts the Committee's recommendations the City Manager shall then submit his or her award recommendation and contract(s) to the City Commission for approval. Written notice shall be provided to all proposers. If the City Manager accepts the award recommendation(s), the City Manager's recommendation for award of contract(s) will be posted on the City of Miami Procurement Depaitnient website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of "Award To" fields. If "various" is indicated in the Recommendation of "Award To" field, the Proposer must contact the Contracting Officer for that solicitation to obtain the suppliers names. (9) After reviewing the City Manager's recommendation, the City Commission may: 1. Approve the City Manager's award recommendation and contract(s); 2. Reject all proposals; 3. Reject all proposals and instruct the City Manager to reissue a solicitation; or 4. Reject all proposals and instruct the City Manager to enter into competitive negotiations with at least three individuals possessing the ability to perform such services and obtain information from said individuals relating to experience, qualifications and the proposed cost or fee for said services and make a recommendation to the City Commission. The decision of the City Commission shall be final. Written notice of the award shall be given to the Successful Proposer(s). 2.23.RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer(s) shall provide City access to all files and records maintained on the City's behalf. 2.24.ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.25.TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in - negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. 5/10/2024 10:53 AM p. 45 City of Miami Request for Qualifications No. ao790i86 RFQ 1790386 2.26.NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer(s) or his/her assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s). 2.27.FAILURE TO PERFORM Should it not be possible to reach the Successful Proposer and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Proposer in default of the contract or make appropriate reductions in the contract payment. 2.28.TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within thirty (30) days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.29.ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form attests to this. If a Professional Services Agreement ("PSA") or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 2.30.E-VERIFY EMPLOYMENT REQUIREMENTS Successful Proposer(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Successful Proposer(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Successful Proposer(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Successful Proposer(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Successful 5/10/2024 10:53 AM p. 46 City of Miami Request for Qualifications No. 1700386 RFQ 1790386 Proposer(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E- Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 5/10/2024 10:53 AM p. 47 City of Miami Request for Qualifications No. o7i 0386 RFQ 1790386 3 SPECIFICATIONS / SCOPE OF WORK 3.1 SPECIFICATIONS / SCOPE OF WORK The Successful Proposer's responsibilities shall include, but not be limited to: 1. Regular policy updates and tracking; 2. Working with City Officials to continuously assess engagement strategies and opportunities to: (i) Benefit the communities within the City; (ii) Support the City's priorities by monitoring, identifying, interpreting, and reporting issues on Capitol Hill that are relevant and of interest to the City; 3. Providing political intelligence and updates on legislative activity and regulations; 4. Providing regular reports, on a schedule determined by the City — these reports can be oral, written or both; 5. Providing advice and counsel as requested by the City; 6. Continued engagement with Congress, the White House and Federal Agencies; and 7. Securing Government funding through earmarks, pilot/demonstration projects, grants, as well as government contracts. 5/10/2024 10:53 AM p. 48 City of Miami Request for Qualifications No. o700386 RFQ 1790386 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements as indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. However, overly elaborate responses are neither requested nor desired. Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") no later than the date and time indicated within the RFQ, in order to be considered. Faxed documents are not acceptable. Emailed submissions are not acceptable. Hardcopy submissions are not acceptable. Proposals must be timely submitted through BidSync, or the Proposal will be disqualified. Untimely or misdelivered submittals will not be considered. NO EXCEPTIONS. The responses to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. A. Include the signed RFQ Certification Statement. B. Include in detail, evidence that clearly demonstrates Proposer meets or exceeds the minimum qualification requirements, pursuant to Section 2.8, Proposer's Minimum Qualifications 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFQ; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFQ; RFQ Number; and Federal Employer Identification Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the Proposal as listed below, including all other relevant documents requested for submission. All pages of the Proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary A signed and dated summary of not more than two (2) pages containing Proposer's overall Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer shall include the name of the organization, business phone and contact person and a summary of the work to be performed. 4. Proposer's, Relevant Experience, Qualifications. and Past Performance 1. Describe the Proposer's experience and past performance, in general, and state the number of years that the Proposer's firm has been in existence. Discuss the history and background of the organization, its owners/officers/principals, total number of employees and primary markets served. 2.Describe Proposer's specific past performance and experience in relation to the services requested herein, to include service governmental representation and consulting. Discuss in detail Proposer's lobbying experience, including the use of any subconsultants and their role in any engagement(s) of the Proposer. 5/10/2024 10:53 AM p. 49 City of Miami Request for Qualifications No.1o600386 RFQ 1790386 3.Provide a list of a minimum of three (3) comparable contracts similar in scope of services to those requested herein, which the Proposer has either ongoing, or completed within the last three (3) years. The list should identify: 1. Client; 2. Description; 3. Dates covering the term of the contract; 4. Client contact person and phone number; and 5. Contract duration. Where possible, list and describe those projects performed for governmental clients. 4.Provide a list of three (3) references submitted on Attachment B, Reference Submittal Form, for projects performed for government clients, at least one (1) of which for municipal government clients, which shall include for each project, the name of the organization, dates covering the term of the contract; description of the scope of work; client contact person and phone number, and statement of whether Proposer was the prime contractor or subcontractor. 5.Describe Proposer's knowledge of legislative, administrative, and regulatory processes at the federal level. 6.Describe Proposer's understanding of large urban areas, including its specific knowledge of the City of Miami. 7.Describe Proposer's experience lobbying at the federal level. 8.Describe Proposer's overall experience in lobbying on behalf of municipal governments. 9.Describe any other experiences related to the work or services described in Section 3.1, and any other information which may be specific to the required services to be provided. 5. Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services 1.Identify and provide current resumes for all key personnel who will be assigned to work on this project. Describe the experience and qualifications relevant to the services requested in this Solicitation, including relevant experience on similar projects, of each such individual. 2. Provide a current resume of each Sub -Consultant who will work on this project. Proposer shall identify all Sub -Consultants and those services to be provided by each. Proposer shall describe the experience and qualifications relevant to the services requested in this Solicitation, of each Sub - Consultant. 3. Provide an organizational chart, showing all key personnel, including titles, and Sub -Consultants, that will perform work/services on this project, ensuring that Sub -Consultants are clearly identified. This chart must include the functions to be performed by the key personnel/Sub-Consultants. Note: After proposal submission, but prior to the award of any contract issued as a result of this Solicitation, the Proposer has a continuing obligation to advise the City of any changes, intended or otherwise, to the Lead Managing Consultant and key personnel identified in its proposal. 6. Proposed Approach to Providing the Services 1. Confirm and describe Proposer's ability to fulfill all requirements identified within Section 3.1, Scope of Work. 2. Describe Proposer's understanding of the requirements of this Solicitation and its approach to satisfy those requirements in compliance with the provisions set forth in Attachment E - Article VI - 5/10/2024 10:53 AM p. 50 City of Miami Request for Qualifications No. ao190381$ RFQ 1790386 Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances. 3. Discuss Proposer's strategy for: a. Representing the City at meetings with key members of Congress, the Executive Branch, and Federal Agencies; and b. Monitoring, identifying, interpreting, and reporting on key, relevant issues and issues on key Capitol Hill that are relevant and of interest. 5/10/2024 10:53 AM p. 51 City of Miami Request for Qualifications No. 1700386RFQ 1790386 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Each proposal will be reviewed to determine of the proposal is responsive to the submission requirements outlined in this solicitation. A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has appropriate signatures as applicable. failure to comply with these requirements may result in the proposals being deemed non -responsive. Proposals will be evaluated by an Evaluation Committee ("Committee") which shall evaluate and rank proposals on criteria listed below. The Committee will be comprised of appropriate City personnel and members of the community, as deemed necessary, with the appropriate experience and/or knowledge. The criteria are itemized with their respective weights for a maximum of one hundred five (105) points per Committee member. Below are the criteria and weight: CRITERIA AND POINTS Proposer's Relevant Experience, Qualifications and Past Performance: Relevant Experience and Qualifications of Key Personnel and Subcontractors Performing Services: Proposer's approach to providing the services requested in this Solicitation: Five percent evaluation criterion in favor of Proposers who Maintain a local office as defined in Section 18-73,"Definitions" of the City's Procurement Code will be applied to those who meet the criteria Pursuant to Section 2.10, Local Preference. (35 Points) (35 Points) (30 Points) (5 Points) Maximum Points Available: 105 Points 5/10/2024 10:53 AM p. 52 City of Miami Solicitation RFQ 1790386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEESJE Footnotes: --- (9) --- Note— Section 5 of Ord. No. 12787 states that this article shall be effective October 1, 2006. Editor's note— Prior to the adoption of Ord. No. 12787, Ord. No. 12623, § 2, adopted December 9, 2004, repealed article X, divisions 1-4, in its entirety, which pertained to the economic development financing authority and derived from Ord. No. 12062, § 3, adopted May 10, 2001. Sec. 18-556. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, or other entity thereof, or any successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100,000.00 per year. Contractor means any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, including, but not limited to, grants, donations, and the like, whether by competitive bid process, requests for proposals, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of a contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority of their time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the services portion of such contract. This section shall not apply to contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed by the city working more than 35 hours per week or any service contractor employee, working full or part-time, with or without benefits, that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all service contractors and subcontractors of a service contractor. Living wage means a wage that is as defined in section 18-557 of this Code. The living wage may be adjusted once annually by an amount equivalent to the cost of living adjustment for Miami -Dade County as published by the United States Department of Labor, Bureau of Labor Statistics. Language so stating will be included in all request for proposals, or other competitive solicitation documents, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1, 2017. Page 1 5/10/2024 10:53 AM p. 53 City of Miami Solicitation RFQ 1790386 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour with health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by "piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. § 287.055, for the professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city, the city will begin to pay the living wage on a phase - in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year. The city manager, in his sole discretion, without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase -in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least $1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 (3) 5/10/2024 10:53 AM p. 54 City of Miami Solicitation RFQ 1790386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 2, 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) (2) (3) (4) (5) (6) (7) (8) The name and address of each covered employee; The job title and classification; The number of hours worked each day; The gross wages earned and deductions made; Annual wages paid; A copy of the social security returns and evidence of payment thereof; A record of fringe benefit payments including contributions to approved plans; and Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 5/10/2024 10:53 AM p. 55 City of Miami Solicitation RFQ 1790386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorneys fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article, the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of $500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. (3) (g) Page 4 5/10/2024 10:53 AM p. 56 City of Miami Solicitation RFQ 1790386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 2, 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 5/10/2024 10:53 AM p. 57 City of Miami Solicitation RFQ 1790386 RFQ NO.: 1790386 Attachment B Reference Submittal Form CATEGORY: Federal Lobbying Services FIRM NAME: Reference Section Summarized Requirements: Refer to the details in Section 2.10, References, to verify that the information provided will suffice as proof of meeting the requirements of this solicitation. Past Performance Reference Check #1 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #2 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: Past Performance Reference Check #3 Company/Organization Name: Address: Contact Person: Contact Phone Number: Contact E-mail (if applicable): Date of Contract or Sale: 1 5/10/2024 10:53 AM p. 58 Attachment C City of Miami Solicitation RFQ 1790386 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 5/190W2Mg:53 AM p. 59 City of Miami Solicitation RFQ 1790386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment at the local office for a minimum of forty (40) hours per calendar week? YES NO ❑ ❑ If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclosed a copy of the lease? ❑ YES ❑ NO ❑ N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: Cite Exemption: NO Exempt ❑ YES ❑ ❑ Miami -Dade County: Cite Exemption: ❑ YES ❑ NO ❑ Exempt Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the performance of Bidder/Proposer's business operations? YES NO ❑ ❑ Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 5/1 6WQig:53 AM p. 60 City of Miami Solicitation RFQ 1790386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 5/1 6WQig:53 AM 3 p. 61 City of Miami Solicitation RFQ 1790386 ATTACHMENT D INSURANCE DEFINITIONS, CONDITIONS, AND ADDITIONAL REQUIREMENTS The Successful Proposer agrees to provide and maintain throughout the life of this contract and at Successful Proposer's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by employees or members of their households. Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It 5/10/2024 10:53 AM p. 62 City of Miami Solicitation RFQ 1790386 protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors , or negligence. Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants. These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft, destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, 5/10/2024 10:53 AM p. 63 City of Miami Solicitation RFQ 1790386 computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. Builders Risk It protects against damage to or destruction of buildings or other structures during their construction. Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed. The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Successful Proposer must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Successful Proposer. The Successful Proposer must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non -renewed. 5/10/2024 10:53 AM p. 64 City of Miami Solicitation RFQ 1790386 Any deductibles or self -insured retentions on referenced insurance coverages must be borne by Successful Proposer. The Successful Proposer further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Successful Proposer in no way limit the Successful Proposer's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Successful Proposer under the Contract. The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Successful Proposer is a joint venture or limited liability company, the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Successful Proposer must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Successful Proposer unless otherwise specified in this Contract. If the Successful Proposer or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 5/10/2024 10:53 AM p. 65 City of Miami Solicitation RFQ 1790386 ATTACHMENT E ARTICLE VI. - LOBBYISTS Sec. 2-651. - Applicability. Notwithstanding any provision in the Code of the city, as amended, to the contrary, Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as amended ("County Code"), shall be applicable in the city. (Ord. No. 10087, § 1, 3-18-86; Code 1980, § 2-311; Ord. No. 13718, § 2, 12-14-17) Sec. 2-652. - Penalty. Any person in violation of any provision of this article shall be subject to the penalty as provided in section 1-13. (Ord. No. 10087, § 3, 3-18-86; Code 1980, § 2-312) City Code cross reference —General penalty, § 1-13. Sec. 2-653. - Definitions. The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this article. References in Section 2-11.1 of the County Code to county personnel shall, therefore, be applicable to city personnel who serve in comparable capacities to the county personnel referred to therein. (Ord. No. 10087, § 2(a)(1), (2), 3-18-86; Ord. No. 10181, § 1, 11-13-86; Ord. No. 10478, § 1, 9- 8-88; Code 1980, § 2-313; Ord. No. 11469, § 2, 3-20-97; Ord. No. 11527, § 2, 7-24-97; Ord. No. 11564, § 4, 10-28-97; Ord. No. 13718, § 2, 12-14-17) City Code cross references —Code enforcement board, § 2-812 et seq.; civil service board, § 40-66 et seq. Sec. 2-654. - Registration; ethics; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register. (a) A person may not lobby a city official, a city board member, the city manager, or city staff, until such person has registered as a lobbyist with the city clerk and submitted a certificate of completion, of an ethics course provided by the Miami -Dade County Commission on Ethics Public Trust completed within 60 days after registering. Such registration shall be due within five business days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying activities, and shall be renewed on a yearly basis thereafter. The annual registration fee for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of $105.00 for each principal represented for each issue lobbied on behalf of any one principal. The registration fees required by this section shall be deposited by the city clerk into a separate account and shall be expended for purposes of recording, transcription, administration, and/or any other associated costs incurred in maintaining these records for availability to the public. Any person who is required to pay the registration fee and who is unable to pay the registration fee without imposing an undue burden on personal resources or on resources otherwise available to him or her shall, upon written certification of such inability given under oath to the city clerk, be exempt from paying the registration fee. Regardless of the date of the initial registration, all lobbyists' registrations shall expire December 31 of each calendar year, and shall be renewed on a calendar year basis. 5/10/2024 10:53 AM p. 66 City of Miami Solicitation RFQ 1790386 (b) Each lobbyist shall, within 60 days after registering as a lobbyist, submit to the city clerk a certificate of completion of an ethics course offered by the Miami -Dade County Commission on Ethics and Public Trust ("ethics course"). Lobbyists who have completed the initial ethics course mandated by the preceding sentence and who have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course every two years. Each lobbyist who has completed a refresher ethics course shall submit to the city clerk a certificate of completion within 60 days after registering as a lobbyist. (c) Within five business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever comes first, every person required to register as a lobbyist shall: (1) Register on forms prepared by the city clerk; (2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal; and Disclose, under oath, the following information: a. Lobbyist's name and business address; b. Name and business address of each principal represented; c. The specific issue on which he or she has been retained to lobby; and d. If the lobbyist represents a corporation, partnership or trust, the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust and the names and addresses of all persons holding, directly or indirectly, at least five percent ownership interest in said corporation, partnership or trust. A separate registration form shall be filed by the lobbyist and an additional fee of $105.00 shall be paid for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal. Such issue shall be described with as much detail as is practical, including, though not limited to: a specific description (where applicable) of a pending request for proposals, invitation to bid, ordinance, resolution, or a given item on the agenda. The city clerk or the clerk's designee shall reject any registration statement which does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby. (4) Submit a certificate of completion of the ethics course as provided under subsection 2-654(b). (d) In addition, every registrant shall be required to state under oath the existence of any direct or indirect business association, partnership, or financial relationship with the mayor, any member of the city commission, any member of a city board, the city manager, or a member of the city staff before whom he or she lobbies, or intends to lobby. The city clerk shall maintain a log, which shall be updated on a quarterly basis by April 15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations filed in accordance with this section and shall be distributed to the mayor, the city commission, and the city manager. The mayor, all members of the city commission, all members of city boards, the city manager, and city staff shall be diligent to ascertain that persons required to register pursuant to this section have complied, and if necessary, request a record of compliance from the city clerk. The mayor, members of the city commission, of city boards, the city manager, and city staff may not knowingly permit a person who is not registered pursuant to this section to lobby. Each person who withdraws as a lobbyist for a particular principal shall file an appropriate notice of withdrawal concerning representation for that principal. There shall be no fee required for filing a notice of withdrawal. (3) The validity of any action or determination of the city commission or any other city board or committee shall not be affected by the failure of any person to comply with the provisions of this section. 5/10/2024 10:53 AM p. 67 City of Miami Solicitation RFQ 1790386 (i) The following persons shall be required to register but will be exempt from paying the registration fee: (1) A person who, pursuant to the terms of a collective bargaining agreement, has been designated and is so recognized by the city as a representative of a collective bargaining unit composed of city employees; (2) Those persons identified in Section 2-11.1(s) of the County Code. (j) All registration forms shall be open to the public upon the filing thereof. (Ord. No. 10087, § 2(a)(3), (b)-(d), 3-18-86; Ord. No. 10181, § 1, 11-13-86; Code 1980, § 2- 314; Ord. No. 11469, § 2, 3-20-97; Ord. No. 11564, § 4, 10-28-97; Ord. No. 13125, § 2, 1-14-10; Ord. No. 13141, § 1, 2-11-10; Ord. No. 13142, § 2, 2-11-10; Ord. No. 13718, § 2, 12-14-17) Editor's note- Ord. No. 13718, § 2, adopted December 14, 2017, changed the title of section 2- 654 from "Registration; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register" to "Registration; ethics; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register." The historical notation has been preserved for reference purposes. Sec. 2-655. - Annual expenditures report. A lobbyist shall annually submit to the city clerk's office a signed statement under oath, as provided herein, listing all lobbying expenditures and the sources from which funds for making lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to: meals, entertainment, travel, lodging, and gifts for public officers and employees for the preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal expenses for lodging, meals, travel, salary, and office expenses. Such statement of expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be due on January 15 of each year. Such statement shall be rendered on the form provided by the city clerk's office and shall be open to public inspection. If the lobbyist had no expenditures in the preceding calendar year, then he or she shall not be required to submit an annual expenditures report. (Ord. No. 10087, § 2(e), 3-18-86; Ord. No. 10611, § 1, 7-13-89; Code 1980, § 2-316; Ord. No. 11469, § 2, 3-20-97; Ord. No. 13718, § 2, 12-14-17) Sec. 2-656. - Advisory opinions. (a) A lobbyist, when in doubt about the applicability and interpretation of this article in a particular context, shall submit in writing the facts for an advisory opinion by the city attorney. The city attorney shall render advisory opinions to any lobbyist who seeks advice as to whether the facts in a particular case would constitute a violation of this section. All advisory opinions of the city attorney shall be numbered, dated and furnished to the city clerk's office and shall be open to public inspection. (b) The city clerk's office shall keep all advisory opinions of the city attorney relating to lobbyists and lobbying activities, as well as a current list of registered lobbyists and their respective reports required under this article, all of which shall be open for public inspection. (Ord. No. 10087, § 2(f), (g), 3-18-86; Code 1980, § 2-317) Sec. 2-657. - Penalties for violations. 5/10/2024 10:53 AM p. 68 City of Miami Solicitation RFQ 1790386 (a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline each calendar year shall be subject to a fine of $50.00 per day for reports filed after the due date. (b) Upon verification of a lobbyist's failure to file the annual expenditures report, the city clerk shall notify the lobbyist by certified mail that the annual expenditures report must be filed within five business days following receipt of the notice. The name of any lobbyist who fails to comply with said requirement shall be automatically removed from the list of active lobbyists. Should said person wish to re -register as a lobbyist, he or she shall submit a new registration form accompanied by a $525.00 registration fee plus any and all outstanding fines accrued prior to re -registration. (c) The city clerk shall submit a report to the city commission as to those lobbyists who have failed to comply with registration and/or the annual filing requirement of this section. (Ord. No. 10087, § 2(h), 3-18-86; Code 1980, § 2-318; Ord. No. 11469, § 2, 3-20-97; Ord. No. 13246, § 2, 1-13-11; Ord. No. 13718, § 2, 12-14-17) Sec. 2-658. - Contingency fees. No person shall retain or employ a lobbyist for compensation based on a contingency fee, and no person shall accept any such employment or render any service for compensation based on a contingency fee. (Ord. No. 11469, § 2, 3-20-97) Secs. 2-659-2-690. - Reserved. 5/10/2024 10:53 AM p. 69 City of Miami Solicitation RFQ 1790386 eitv of Thami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: 5/10/2024 10:53 AM p. 70 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And CONSULTANT This Professional Services Agreement ("Agreement") is entered into this day of , 2024 by and between the City of Miami ("City"), a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 ("City"), and , company, qualified to do business in the State of Florida whose principal address is hereinafter referred to as the ("Consultant"). RECITALS: WHEREAS, the City issued a Request for Qualifications (RFQ) No. 1790386 on , 2024 (the "RFQ" attached hereto, incorporated hereby, and made a part of as Exhibit A), for the provision of Federal Lobbying Services', ("Services" as more fully set forth in the scope of work "Scope", attached hereto as Exhibit B) for the Office of the City Manager, and Consultant's proposal ("Proposal", attached hereto, incorporated hereby, and made part of hereof as Exhibit C), in response thereto, has been selected as a qualified proposal for the provision of the Services. WHEREAS, the Consultant has offered to participate in the City's Federal Lobbying Services Pool for the purposes of providing Federal Lobbying services to the City that shall 1 5/10/2024 10:53 AM p. 71 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 conform to the Scope of Services; City's Request for Qualifications (RFQ No. 1790386), and all associated addenda and attachments, incorporated herein by reference, any Work Orders issued as a result of this Agreement, and the requirements of applicable laws, regulations and of this Agreement; and WHEREAS, the Evaluation Committee appointed by the City Manager determined that the Proposal submitted by the Consultant was responsive to the RFQ requirements and recommended that the City Manager approve the inclusion of the Consultant in the Pool, and negotiate price with the Consultant at the Work Order stage; and WHEREAS, the City and the Consultant desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFQ is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and Scope of Work are hereby incorporated into and made a part of this Agreement and attached as Exhibit "B". The Consultant's Response dated, , 2024, in response to RFQ 1790386, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement as attached Exhibit "D". The order of 2 5/10/2024 10:53 AM p. 72 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) Professional Services Agreement ("PSA") (2) Addenda/Addendum to the RFQ; (3) RFQ; and (4) Consultant's response dated 2024, acknowledging scope of services, any addenda, and pricing component of services and, response to the Request for Qualifications. 2. CONTRACT TERM: The Agreement shall become effective on the date on the first page, and shall be for a duration of seven (7) years: Initial term of five (5) years with one (1), two (2) year option to renew. The City, acting by and through its City Manager, shall have the option to extend or terminate the Agreement for convenience, that is, for any or no cause. 3. WORK ORDER TERM: Work Orders shall expire as stated on each individual Work Order issued under this Agreement and may extend past the expiration of this Agreement. The provisions of any specific Work order which commences prior to the termination date of this Agreement, and which will extend beyond said termination date shall survive the expiration or termination thereof. 4. SCOPE OF SERVICES: A. Consultant agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Exhibits "A" and "B" hereto, in addition to any Work Order as a result of this Agreement, which by this reference is incorporated into and made a part of this Agreement. B. Consultant represents to the City that: (i) it possesses all qualifications, licenses, certificates, 3 5/10/2024 10:53 AM p. 73 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 authorizations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, contract or bond claims etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant has been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 5. COMPENSATION: A. The amount of compensation payable by the City to the Consultant for all Work and Services performed under this Agreement, includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement. The City shall have no obligation to pay the Consultant any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Consultant. All Services undertaken by the Consultant before City's approval of this Agreement and any subsequent Work Order shall be at the Consultant's risk and expense. 4 5/10/2024 10:53 AM p. 74 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Consultant's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Consultant and not be a debt or default of the City. The City only has privity of contract with the named Consultant. 6. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report, or any other material whatsoever which is given by the City to Consultant, its employees, or any subcontractor, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain 5 5/10/2024 10:53 AM p. 75 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 7. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Consultant which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests, inspections and audits shall be subject to, and made in accordance with, the provisions of Section 18-101 and 18- 102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, which are deemed as being incorporated by reference herein. 6 5/10/2024 10:53 AM p. 76 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 8. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be 7 5/10/2024 10:53 AM p. 77 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, and then Consultant shall do so at its own expense and at no cost to the City. . IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1830, Via email at PublicRecordsgmiamigov.com, or regular email at City of Miami Office of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 8 5/10/2024 10:53 AM p. 78 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 11. INDEMNIFICATION: Consultant shall indemnify, hold/save harmless and defend at its own cost and expense the City, its officials and employees, for claims (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Consultant or its employees or subcontractors (collectively referred to as "Consultant") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees, or any of them, or (ii) the failure of the Consultant to comply materially with any of the requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the City, its officials and/or employees were negligent. Consultant expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Consultant, or any of its subcontractors, as provided above, for which the Consultant's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Consultant's negligent performance under this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and all 9 5/10/2024 10:53 AM p. 79 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 claims, and/or suits for labor, supplies, goods, services, equipment, and materials furnished by Consultant or utilized in the performance of this Agreement or otherwise ( excluding only payment of fees due the Consultant under the terms of this Agreement). . Consultant's obligations to indemnify defend and hold harmless shall survive the termination or expiration of this Agreement. Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 12. DEFAULT: If Consultant fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination of this Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based 10 5/10/2024 10:53 AM p. 80 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation or ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 14. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty, at any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination 11 5/10/2024 10:53 AM p. 81 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default.. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential or incidental damages. 15. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFQ number and title of the RFQ must appear on each certificate of insurance. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap 12 5/10/2024 10:53 AM p. 82 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subcontractors for Services related to this Agreement shall be borne solely by Consultant throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Consultant in conjunction with the violation of the terms and conditions of this Agreement. 13 5/10/2024 10:53 AM p. 83 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 16. NONDISCRIMINATION: Consultant represents to the City that Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual orientation , religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned, transferred, sold, conveyed or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual 14 5/10/2024 10:53 AM p. 84 City of Miami, FL City of Miami Solicitation RFQ 1790386 RFQ 1790386 receipt, whichever is earlier. TO CONSULTANT: TO THE CITY: Arthur Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 John A. Greco Interim City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130-1910 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be 15 5/10/2024 10:53 AM p. 85 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subcontractor hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service 16 5/10/2024 10:53 AM p. 86 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subcontractor hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees that Consultants or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 23. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the 17 5/10/2024 10:53 AM p. 87 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 24. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 25. USE OF NAME: Consultant understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. Consultant may not use or reproduce the official logo of the City. 26. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2611, as amended ("City Code"), regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no 18 5/10/2024 10:53 AM p. 88 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subcontractors will abide by this prohibition of the City Code. 27. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 28. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 29. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents and warrants to the City that on the date of Consultant's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 19 5/10/2024 10:53 AM p. 89 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 30. COUNTERPARTS: ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 31. E-VERIFY EMPLOYMENT REQUIREMENTS: Consultant(s) shall E-Verify the employment status of all employees and subcontractors to the extent required by federal, state, and local laws, rules, and regulations. The City shall consider the employment by Consultant(s) of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Consultant(s) knowingly employs unauthorized aliens, such violation shall be cause for termination of the Contract. Furthermore, the Consultant(s) agrees to utilize the U.S. Agency of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the employment eligibility of all employees during the term of this Contract. Consultant(s) shall also include a requirement in subcontracts that the subcontractor shall also utilize the E-Verify System to verify the employment eligibility of all employees of the subcontractor during the term of this Contract. 20 5/10/2024 10:53 AM p. 90 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 32. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 21 5/10/2024 10:53 AM p. 91 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 IN WITNESS WHEREOF, the Parties have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. "Consultant" a Florida profit corporation ATTEST: By: By: Print Name: Name: Title: Title: ATTEST: "CITY" CITY OF MIAMI, a Florida municipal corporation By: By: Todd B. Hannon Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: John A. Greco Ann -Marie Sharpe, Director Interim City Attorney Department of Risk Management 22 5/10/2024 10:53 AM p. 92 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT A RFQ No. 1790386 23 5/10/2024 10:53 AM p. 93 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT B SCOPE OF WORK Provide federal lobbying services, as provided in the individual Work Assignments, pursuant to Section 3.0, Specifications/Scope of Work, of the Solicitation. 24 5/10/2024 10:53 AM p. 94 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT C INSURANCE REQUIREMENTS The Consultant shall furnish to City of Miami, c/o Procurement Depailiuent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 25 5/10/2024 10:53 AM p. 95 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Retro Date Included V Network Security and Privacy Injury (Cyber Liability) Each Claim $1,000,000 Policy Aggregate $1,000,000 Retro Date Included Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, if applicable, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 26 5/10/2024 10:53 AM p. 96 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY RFQ NUMBER AND/OR TITLE OF RFQ MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this Agreement. - -If insurance certificates are scheduled to expire during the contractual period, the Consultant shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. - -In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Request for Qualifications. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Consultant in conjunction with the General and Special Terms and Conditions of the RFQ. The Consultant shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Consultant. 27 5/10/2024 10:53 AM p. 97 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 EXHIBIT D CORPORATE RESOLUTIONS AND EVIDENCE OF QUALIFICATION TO DO BUSINESS IN FLORIDA (To be provided upon document execution) 28 5/10/2024 10:53 AM p. 98 City of Miami Solicitation RFQ 1790386 City of Miami, FL RFQ 1790386 WHEREAS, CORPORATE RESOLUTION ., a corporation, desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this Corporation is authorized to enter into the Agreement with the City, and the President and the Secretary are hereby authorized and directed to execute the Agreement in the name of this Company and execute any other document and perform any acts in connection therewith as may be requested to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2024 ("Consultant") A Florida Corporation By: (sign) Print Name: Title: (sign) Print Name: 29 5/10/2024 10:53 AM p. 99 City of Miami Solicitation RFQ 1790386 Question and Answers for Solicitation #RFQ 1790386 - Federal Lobbying Services Overall Solicitation Questions Question 1 Regarding the Certification Statement, it says to quote on the form, but I do not see any space on the form for doing so. (Submitted: May 10, 202410:17:51 AM EDT) Question Deadline: May 15, 2024 5:00:00 PM EDT 5/10/2024 10:53 AM p. 100 (Eitv of Thami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 1 RFQ 1790386 May 10, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. The Sample Professional Services Agreement has been attached to the "Documents" section in Periscope f/k/a BidSync. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: (Eitv of Uiami ANNIE PEREZ, CPPO Procurement Director ARTHUR NORIEGA V City Manager ADDENDUM NO. 2 RFQ 1790386 May 29, 2024 REQUEST FOR QUALIFICATIONS ("RFQ") FOR FEDERAL LOBBYING SERVICES The following changes, additions, clarifications, and deletions amend the RFQ documents of the above captioned RFQ and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and affix it to the documents you have on hand. A. The deadline for the submission of Proposals has been changed to Wednesday, June 5, 2024, at 5:00 PM. B. The following are inquiries received from prospective Proposer(s) and the City's corresponding responses: Q1. Paragraph 1 of the Certification Statement on page 5, requests that Proposers, "Please quote on this form, if applicable, net prices for the item(s) listed..." There is no space available to place a quote on the form. Where should Proposers submit quotes? Al . This language is not applicable to this solicitation, as pricing is not requested from Proposers as part of their submissions. Q2. Section 4.1, Submission Requirements, subsection 6.2 requests that Proposers describe their basic understanding of Attachment E — Article VI — Lobbyists, of the Code of the City of Miami ("City Code"). Will a simple understanding of acknowledgement be sufficient? A2. Section 4.1, Submission Requirements, subsection 6.2, in its entirety, reads as follows: "Describe Proposer's understanding of this Solicitation and its approach to satisfy the requirements in compliance with the provisions set forth in Attachment E — Article VI - Lobbyists, of the City Code, and all other state, federal and local laws, regulations and/or ordinances." Proposers are encouraged to read this requirement in its entirety and provide a response that addresses it wholly. Q3. Would Successful Proposer(s) be required, upon award of this contract, to register as a City of Miami Lobbyist under the terms of Attachment E — Article VI — Lobbyists, of the City Code? A3. No. The registration requirement found within Attachment E applies to a person who lobbies a City Official, City Board Member, City Manager, or City Staff. It is not applicable to firms/individuals that will not lobby the City. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE RFQ AND SHALL BE MADE A PART THEREOF. ALL OTHER TERMS AND CONDITIONS OF THE RFQ REMAIN THE SAME. Annie Perez, CPPO Director of Procurement/Chief Procurement Officer City of Miami Procurement Department AP:cj cc. Francisco Petrirena, Sr. Advisor to the City Manager Pablo Velez, Sr. Assistant City Attorney Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement This Addendum shall be signed by an authorized representative and dated by the Proposer and submitted as proof of receipt with the submission of the Proposal. NAME OF FIRM: DATE: SIGNATURE: